Landlord Not Liable When Deck Step Collapsed

Contrary to a commonly held belief, when someone is injured on another’s property it is sometimes difficult to prove liability.  Though not one of our cases, a recent Court of Appeals case illustrates this point.

A woman was leaving her boyfriend’s home when she realized she had left her cell phone. When she returned for her phone she went around the back. She placed her left foot onto the step leading up to the deck. The step broke and her foot plunged through. She sued her boyfriend’s landlord.

The trial court dismissed the personal injury lawsuit. The result was upheld on appeal.[1]

The court of appeals ruled that the deck was not a common area, and therefore the landlord was not in possession of the deck area, and was not liable for personal injury caused by apparent defects once possession passed to the tenant.

The injured party also argued for liability under the warranty of habitability.  The Court ruled the warranty of habitability does not give rise to liability for personal injury to non-tenants. The boyfriend was a tenant, but the girlfriend was not.

This result illustrates that it is often far from easy to seek compensation for injury that occurs on another’s property.

[1] Phillips v. Greco, unpublished (No. 75911-6-I May 7, 2018).

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