Sjogren v. Properties of Pacific Northwest, L.L.C., 118 Wash. App. 144 (2003)

Citation: Sjogren v. Properties of Pacific Northwest, L.L.C., 118 Wash. App. 144 (2003)
Parent Document: Sjogren v. Properties of Pacific Northwest, L.L.C., 118 Wash. App. 144 (2003)
Jurisdiction: Washington (state)
Effective Date: 2003-08-26
Original Source: https://www.courtlistener.com/opinion/4935955/sjogren-v-properties-of-pacific... ↗

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A landlord has an affirmative obligation to maintain common areas in a reasonably safe condition for a tenant or her guest. Degel, 129 Wn.2d at 49.1 Generally, a landlord has no duty to protect a tenant or guest from *149dangers that are open and obvious. See Frobig v. Gordon, 124 Wn.2d 732, 735, 881 P.2d 226 (1994) (landlord liability limited to latent defects). In limited circumstances, however, Restatement (Second) of Torts § 343A creates a duty to protect tenants and guests even from known or obvious dangers. Tincani v. Inland Empire Zoological Soc’y, 124 Wn.2d 121, 139, 875 P.2d 621 (1994); Restatement (Second) of Torts § 343A (1965). In such cases, a duty arises if the landlord “ ‘should anticipate the harm despite such knowledge or obviousness.’ ” Tincani, 124 Wn.2d at 139 (quoting Restatement (Second) of Torts § 343A(1)).

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