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Mcmann V. Benton County

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eBook details

  • Title: Mcmann V. Benton County
  • Author : Washington Court of Appeals
  • Release Date : January 13, 1997
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

The McManns' and Sandra McMann as administrator of the estate of Devin McMann appeals an order granting Angeles Park Communities Ltd. (Angeles Park) summary judgment finding that Angeles Park had no imposed duty as an owner or occupier of land to provide reasonable care to protect tenants from the dangers associated with an irrigation canal on land adjacent to its property. The court also found that Angeles Park had not assumed a duty to warn its tenants about the canal. The McManns rely mainly on Degal v. Majestic Mobile Manor, Inc., 129 Wn.2d 43, 914 P.2d 728 (1996) to support their position that Angeles Park breached an imposed duty to make its property safe from the dangers presented by the abutting canal. We decide under these facts that Degal is distinguishable and the majority rule applies to Angeles Park's liability for conditions on its land. Therefore, there was neither an imposed nor assumed duty. We affirm.


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