Sjogren v. Properties of Pacific Northwest, LLC, 75 P.3d 592 (2003)

Citation: Sjogren v. Properties of Pacific Northwest, LLC, 75 P.3d 592 (2003)
Parent Document: Sjogren v. Properties of Pacific Northwest, LLC, 75 P.3d 592 (2003)
Jurisdiction: Washington (state)
Effective Date: 2003-08-26
Original Source: https://www.courtlistener.com/opinion/2598299/sjogren-v-properties-of-pacific... ↗

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Yvonne Sjogren appeals a summary judgment dismissal of her personal injury action against the owner of an apartment building. Sjogren was visiting her daughter, a tenant in the apartment, when she fell in a darkened stairway. The trial judge ruled that the stairs were an obvious hazard for which the landlord was not liable. We hold that issues of material fact exist as to whether the darkened stairs were an obvious danger. Moreover, the landlord may owe Sjogren a duty of care under Restatement (Second) of Torts, section 343A, which creates a duty to protect invitees even from known dangers where the landlord "should anticipate the harm despite such knowledge or obviousness." Accordingly, we reverse and remand for trial. FACTS

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