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Is landlord liable for tenant's accident?

Q: My friend fell and injured herself on the walkway to her apartment's front door. Children's toys left lying around by other tenants were the cause. She'd previously complained to the landlord about them. He's refused to pay her medical bills by saying he has no liability insurance outside the building itself and is not responsible for her mishap. What should my friend do? She doesn't want to sue. She just wants her medical bills paid.

A: For starters, Seattle attorney Jan Eric Peterson, of Peterson Young Putra, says he finds it hard to believe this landlord doesn't have insurance for the entire property. But even if he doesn't, Peterson wouldn't advise your friend to base her actions on that.

What is important is figuring out who should pay for her injury. "The landlord has a duty to keep reasonably safe premises," Peterson says, and that responsibility extends to the entire premises, not just inside the building itself. "On the other side, the tenant has a duty to be careful."

The fact that your friend made the landlord aware of the toy problem is much to her credit. If she hadn't (and no one else had, either), the landlord could justifiably say that he had no responsibility for preventing her accident. But since he knew about it, he did.

So where does all this leave your friend? "Unfortunately, the only way to make someone pay if they refuse is to sue them. If she doesn't want to do that, she's kind of out of luck," says Peterson. Should your friend have a change of heart, let her know that if her medical bills are less than $4,000, she can take her case to small-claims court. For online information on how it works, go to www.metrokc.gov/kcdc/smclhome.htm.

Q: The resident manager of our low-income senior apartment complex won't allow residents to display political signs on our doors that differ from his views or his wife's. He also dictates what we can put on our common bulletin board. Can he legally do this?

A: The answer may hinge on who owns your building, says Aaron Caplan, staff attorney for the American Civil Liberties Union of Washington. If your complex is owned or run by the government, then both federal and state free-speech rules apply, making it "absolutely improper for any government employee to say (you) can express support for one candidate, but not another," Caplan says. "That would be a real violation."

(Less clear would be a situation where the manager of a government-owned complex vetoed all signs of any political persuasion. If the reason were because the manager didn't like political signs, that would run afoul of free-speech laws. However, if the manager banned all signs on doors because he considered them a maintenance issue, that might be OK, Caplan says.)

In a privately-owned apartment complex, "the constitutional free-speech rules don't apply in the same way," Caplan notes. "So I usually advise someone to check the lease. If the lease doesn't say anything about this, then there aren't any limits."

If you think your landlord is in the wrong and want to know how to proceed, you can contact the ACLU's complaint and referral line at 206-624-2180. With more information about the landlord's bulletin board rules, the ACLU also might be able to answer part of your question.

Q: During a recent rain storm, a leak from the skylight or roof damaged the interior of my condominium. Our condo association's governing documents, the CC&Rs, say I'm responsible for taking care of damage inside my unit. Does this apply when the water came from the roof, which is the association's responsibility?

A: Seattle attorney Marion Morgenstern says she frequently gets condo-specific damage responsibility questions along these lines. "What I tell people every time is that I can't tell who's responsible without reviewing your condo declaration in its entirety. Many contain a limitation on the association's liability specifically for damage done to a unit. In some cases, water leaking from the exterior to the interior unit would fall within this exclusion, and the damage may be the responsibility of the unit owner."

In addition to variations among condominiums' governing documents, Morgenstern says, there are also two sets of state statutes that can apply, depending on when your condo was built. The older one governs condos built before July 1, 1990; the Washington Condominium Act applies to those created after.

Another influential factor could be your skylight, whether it's at fault and whether it's considered "common area" or "limited common area." Depending on your documents, it could be either, Morgenstern says. "In some associations, the owners have to maintain limited common area; in others it's the association."

For a way out of this fog, Morgenstern suggests you have an attorney review your documents and tell you who's responsible. If it's the association, its insurance may pay — or not. "Associations are now carrying insurance with a $2,500, or in some cases $5,000 deductible per loss, and that's to keep their policy affordable."

If the cleanup cost falls to you, contact your homeowners-insurance agent. "And if you don't have an individual policy, please get one," Morgenstern advises. It could potentially save you a lot of money in situations like this.