McCutcheon v. United Homes Corp. ( 1970 )

Armstrong, C. J.

(concurring) — I concur in the majority opinion because it expresses the rule in the state of Washington as well as the overwhelrning authority in our nation.

In my judgment the legislature should consider abolishing exculpatory clauses in leases in at least ghetto and multiple family housing. I recognize there is a disparity in bargaining power in many contracts, but when that disparity is accompanied by the tendency of exculpatory clauses in leases to increase the incidence of uncompensated injury and to discourage incentive for safety precautions which potential liability creates, there is a sound basis for declaring such exculpatory clauses to be contrary to public policy-

Petition for rehearing denied June 11, 1970.