[WSBAPT] Liability for Snow Slide from Roof

[Eric Nelsen]

I don't have an answer but does snow qualify as water runoff under the common enemy rule?

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

Please Note that We Have Moved. We have moved our Seattle office to Mount Baker Ridge (a small commercial community just above the I-90 tunnel). Our new address is 1417 31st Avenue South, Seattle WA 98144. All other contact information remains the same.

From: wsbapt-bounces at lists.wsbarppt.com [mailto:wsbapt-bounces at lists.wsbarppt.com] On Behalf Of J Richard McEntee, Jr.
Sent: Thursday, February 02, 2017 11:55 AM
To: WSBA Probate & Trust Listserv
Subject: [WSBAPT] Liability for Snow Slide from Roof

Good morning members —

I have a client who has a vacation cabin/home near Snoqualmie pass in Kittitas county. He built the home a few years back in a small community. The community has CCR’s etc. The client has a next door neighbor who has quite a large snow load building on his roof. If the load were to slide from the house, it will slide into client's home. In fact, such a slide happened within the last two years. The slide caused about $3K damage to client’s home. Client has asked the neighbor to do something about it (remove some snow) but the neighbor has refused. Client has offered to assist and remove some of the snow from the neighbor’s roof. The neighbor will not allow self help and has threatened trespass action should the client try.

My questions:


  *   Can someone shed some light on what the law says about liability for a slide from a home that causes damage to a neighbor, especially in light of the fact that there is a known risk of a slide?
  *   Is anyone aware of a statute (state or Kittitas county) that might address this issue? I am aware that some parts of the country have legislated liability for these issues. I am not aware that we have done so in WA.
  *   Any suggestions as to how my client might address this going forward?

Thank you in advance for your input. It is truly appreciated.

Rich

RICH McENTEE
McENTEE LAW OFFICE
3800 Bridgeport Way W, Ste A411
University Place, WA 98466
253.227.9894(m)
jrmcentee at gmail.com<mailto:jrmcentee at gmail.com>

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