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 urges us to adopt section 17.6 also. We decline to do so for several reasons. First, the dangerous condition in Lian was not in a common area. Thus, the landlord’s common law duty to maintain common areas in reasonably safe condition did not apply. Here, it does; the stairway was a common area. Second, the decrepit stairs in Lian were well known to both the landlord and tenant. Because of this, the tenant had to meet the landlord’s defense that the stairs were an obvious dangerous condition. Here, there is at least an issue of fact as to whether the darkened stairs were an obvious danger. And more importantly, Sjogren fits within the limited circumstances of Restatement (Second) of Torts § 343A, under which an obvious danger does not automatically bar her recovery. Reversed and remanded. Quinn-Brintnall, A.C.J., and Morgan, J., concur.

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