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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Sjogren argues that the trial court erred in finding the darkened stairway an “open and obvious” condition. Appellant’s Br. at 3. We agree. Sjogren was unaware that the lights on the stairs were out when she entered the building because it was not yet dark. And when she started down the stairs, she was not aware that the lights were out because the light from her daughter’s apartment illuminated the area. It was only when she was halfway down the stairs that she realized the lights were out. Accordingly, an issue of material fact exists as to whether Sjogren knowingly exposed herself to the darkened stairway condition. See Restatement (Second) of Torts § 343(A) cmt. e (1965) (If a person knows the actual conditions and the dangers involved, the person is free to make an intelligent choice as to whether the advantage gained is sufficient to incur the risk.).

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