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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A landlord has an affirmative obligation to maintain common areas in a reasonably safe condition for a tenant or her guest. Degel, 129 Wash.2d at 49, 914 P.2d 728.[1] Generally, a landlord has no duty to protect a tenant or guest from dangers that are open and obvious. See Frobig v. Gordon, 124 Wash.2d 732, 735, 881 P.2d 226 (1994) (landlord liability limited to latent defects). In limited circumstances, however, Restatement (Second) of Torts, section 343A, creates a duty to protect tenants and guests even from known or obvious dangers. Tincani v. Inland Empire Zoological Soc'y, 124 Wash.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 Wash.2d at 139, 875 P.2d 621 (quoting RESTATEMENT (SECOND) OF TORTS § 343A(1)).

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