Landlord Liability for Tenant Slip and Fall Injuries
Landlords Have a Legal Duty to Protect Tenants from Icy and Dangerous Conditions on Sidewalks During Winter Months
The current law in Michigan favors businesses when individuals are injured on their property. However, recent court decisions have recognized that a landlord has a special duty under a lease agreement to protect a tenant from foreseeable injuries which occur at an apartment complex. Insurance companies have always argued that tenants should have been aware of the icy conditions and therefore, they have argued that the owner is not legally responsible for the injury.
Likewise, attorneys for insurance companies will argue that the hazardous condition was open and obvious and should have been seen by the injured party. Under current law, if the condition was effectively unavoidable or unreasonably dangerous, a landlord may still be legally liable for damages under Michigan law.
What Steps Should I Take If I'm Seriously Injured After a Slip and Fall Accident?
- If at all possible, have someone take photographs of the defective condition because it will likely be remedied or the condition may change.
- Report the incident to management as soon as possible.
- Obtain witness information if possible.
- Do not give a taped statement to an insurance adjuster.
- Contact a personal injury attorney to protect your legal interests.
The Law Firm of Logeman, Iafrate & Logeman, P.C. has won compensation for several clients in 2020 despite zero offers from insurance companies. Please contact our personal injury attorneys in Ann Arbor, MI for a free consultation.
This article is provided for informational purposes only and does not constitute legal advice. Consult a qualified attorney at Logeman & Iafrate, P.C. for advice regarding your individual situation.
Frequently Asked Questions
Find answers to what matters most about your case and how we work.
When is a landlord liable for a tenant's slip and fall injury?
Under Michigan law, landlords have a special duty under lease agreements to protect tenants from foreseeable injuries at apartment complexes. Even if a hazardous condition like ice or snow is considered "open and obvious," landlords may still be liable if the condition was effectively unavoidable or unreasonably dangerous.
What should I do immediately after slipping and falling on my landlord's property?
Take photographs of the hazardous condition as soon as possible, report the incident to property management immediately, obtain witness contact information, and avoid giving recorded statements to insurance adjusters. Contact a personal injury attorney to protect your legal rights and ensure proper documentation of your claim.
Can I sue my landlord if I fall on ice outside my apartment?
Yes. Recent Michigan court decisions recognize that landlords have a duty to maintain safe conditions on sidewalks and common areas during winter months. Insurance companies often argue tenants should have been aware of icy conditions, but if the hazard was unavoidable or unreasonably dangerous, you may have a valid premises liability claim.
Do I need an attorney for a slip and fall case against my landlord?
Yes. Landlord liability cases involve complex Michigan premises liability law, and insurance companies routinely deny or undervalue these claims. An experienced personal injury attorney can protect your interests, gather necessary evidence, and fight for the compensation you deserve. Logeman & Iafrate, P.C. offers free consultations and works on a contingency fee basis — you pay nothing unless we win your case.
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