[WSBAPT] Latent Defect in Sidewalk

[Tom J. Westbrook]

Jim,

 

I haven’t briefed it in years, but make sure you file a tort claim before you file a lawsuit.

 

Sincerely,

 

Tom

 

Thomas J. Westbrook

Attorney at Law

 

 

Rodgers, Kee & Card, P.S.

324 West Bay Drive NW, Suite 201

Olympia, Washington  98502

 

Phone: 360-352-8311

Facsimile: 360-352-8501

Email: tjw at buddbaylaw.com

Skype: thomas.westbrook

www.buddbaylaw.com

 

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From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of Jim Doran
Sent: Friday, January 15, 2016 8:41 AM
To: Real Property Section
Subject: [WSBAPT] Latent Defect in Sidewalk

 

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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