Newton v. Magill

872 P.2d 1213 (1994)

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Nature of the Case

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Facts

P leased a house in a trailer park owned by D. The front door of the house opened onto a wooden walkway. The walkway was partly covered by an overhanging roof, had no hand railing, and no 'anti-slip' material on its surface. P slipped and fell on the walkway, breaking her ankle. P sued D claiming that the walkway had been slippery and hazardous for a considerable period of time prior to the accident, that D had a duty to remedy its condition, and that they negligently failed to do so. D moved for summary judgment and that Ps were responsible for 'any slippery conditions resulting from rain' under both the common law and the Uniform Residential Landlord and Tenant Act (URLTA) as adopted in Alaska. D also argued that they could not be liable under a latent defect theory because the walkway was not defective; further, even assuming that it had a tendency to become dangerously slippery when wet, this hazard should have been obvious to the tenants. The superior court granted the motion ruling that P had the duty to keep the entryway in a clean and safe condition, and D could not have breached P's duty. P appealed.