[WSBAPT] Liability for Snow Slide from Roof

[James Van Damme]

I dont have a lot of answers but I would think actual notice would create a
duty of care.  Moving forward do the CCR's help?  It sounds like the HO
association would be the vehicle to avoid future problems.   Jim

On Thu, Feb 2, 2017 at 1:49 PM, Eric Nelsen <Eric at sayrelawoffices.com>
wrote:

> 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 <(206)%20625-0092>
>
> fax 206-625-9040 <(206)%20625-9040>
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> *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
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> 253.227.9894 <(253)%20227-9894>(m)
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> jrmcentee at gmail.com
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