[WSBAPT] Latent Defect in Sidewalk

[Jim Doran]

Yes.  We did that already.  Thanks.
On Jan 15, 2016 12:10 PM, "Tom J. Westbrook" <tjw at w3net.net> wrote:

> 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
>
>
>
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>
> 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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