Fulfilling the Duty to Address Dangerous Conditions in Common Areas

The Washington Court of Appeals upheld the dismissal of a negligence action against the City of Seattle in an unpublished opinion issued earlier this month. The case arose when a person fell on an icy sidewalk. The Court first noted that a municipality has a conditional duty to act if it has notice of a dangerous condition and a reasonable opportunity to correct that condition. The Court then decided that the plaintiff failed to satisfy her initial burden of demonstrating that the City may have created or had notice of the icy sidewalk. The Court pointed out that there was no evidence submitted about previous ice complaints at that location or about the length of time ice was present before the fall.

Washington condominium and homeowners association boards should pay attention when owners bring perceived dangers in common areas to their attention. If boards do not properly investigate owners' complaints and fail to take appropriate action to remedy legitimate problems, they leave their associations vulnerable to negligence lawsuits. It is also a good practice for association boards to periodically inspect the common areas to identify hazards before they result in accidents.