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Landlord Not Tort Liable To Non-Tenant For Duties Under Residential Landlord Tenant Act (Mar 2019)

Cove argues that because Gerlach was not Cove’s tenant, the trial court erred in instructing the jury that Cove owed a duty to Gerlach based on the RLTA. We agree. In a negligence case, the plaintiff must prove duty, breach, causation, and damages. Nivens v. 7-11 Hoagy’s Corner, 133 Wn.2d 192, 198, 943 P.2d 286 (1997). Whether an actionable duty was owed to a plaintiff is a threshold determination and a question of law that this court reviews de novo. Munich v. Skagit Emergency Commc’n Ctr., 175 Wn.2d 871,

Source: Gerlach v. COVE APARTMENTS, LLC, Wash: Court of Appeals, 1st Div. 2019 – Google Scholar