[WSBAPT] Latent Defect in Sidewalk

[Jim Doran]

Before I go spend hours in the law library or on line I thought I would ask
the listserve gurus about the meaning of "latent" in the recreational user
statute.  My client was walking on Port property on the sidewalk and
stumbled on a 1 3/4 inch raised portion of the sidewalk at an expansion
joint.  The very spot where this lip was located is under a tree with
shadows obscuring the lip.  The client fell and had some very serious
injuries.

The Port says that the defect was readily apparent to the recreational user
and that it doesn't matter if she didn't see the lip on the sidewalk at
that moment.  They cite some cases that use an objective standard of
whether a reasonable person would have seen the defect and that "an obvious
defect cannot be latent".

It seems to me that the distinguishing fact is that the sidewalk lip was
obscured by shadows and was therefore, not readily observable and,
therefore, "latent".

Anyone brief this kind of situation lately?

James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com
www.doranlegal.com
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