Can You Sue Your Landlord for a Slip and Fall Accident? A Renter’s Guide To Landlord Liability

CAN I SUE MY LANDLORD IF I’M INJURED IN A SLIP AND FALL ACCIDENT?

Slip and fall lawsuits come under the category of “premises liability” claims. In order to pursue legal action, a plaintiff has to prove the landlord or property owner was negligent.

This means the situation must meet the following conditions:

• The landlord or owner has a duty to keep the premises in reasonably safe conditions
• The defendant breached this duty
• The defendant’s negligence directly caused the accident that resulted in the plaintiff’s injuries
• The plaintiff suffered damages as a result of the accident

In other words, the defendant’s failure to maintain a safe environment must be the explicit cause of the renter’s slip and fall accident wherein the victim was hurt. For example, if a tenant or visitor tripped and fell on a broken step and fractured an arm, the victim may have grounds for a lawsuit.

In a multi-unit rental property, such as an apartment complex, the landlord is typically responsible for common areas such as sidewalks, laundry rooms, pool areas, lobbies, common hallways and stairways.

Tenant Responsibilities

Tenants are usually responsible for hazards inside an apartment such as loose throw rugs or spilled liquids. However, the tenant is not typically liable for an interior condition resulting from something the landlord is responsible for. 

For example, suppose a tenant arrived home and slipped in a puddle caused by a leaky roof or malfunctioning dishwasher. Then, the landlord may be liable providing the tenant was unaware of the puddle prior to leaving the apartment.   

If the tenant failed to inform the landlord about a dangerous condition such as a protruding floorboard, the tenant could be liable if someone else were injured as a result of the hazard.

However, as in any personal injury case, the plaintiff still has to prove negligence on the part of the defendant.

IS THE LANDLORD RESPONSIBLE IF I SLIP AND FALL ON ICE?

This depends on several factors. Some lease agreements, used for rental homes rather than apartments, state that the tenant is responsible for snow and ice removal. If so, the tenant could be liable if a visitor is injured on an icy front step that was not addressed. However, the victim would still have to prove negligence on the part of the tenant.

Important Rules Concerning Michigan-Specific Tenants

Open and Obvious

Michigan courts recognize that snow and ice are a common occurrence during Michigan winters. However, the previous open and obvious doctrine was overturned in 2023. In the past, a landlord could claim that ice and snow hazards were “open and obvious” and someone walking on a sidewalk could have noticed and avoided them. 

Now, property owners do not have an automatic pass to avoid negligence for winter hazards like ice and snow. Instead, Michigan courts will decide whether defendants violated their duty to keep the area safe. 

Michigan’s “Natural Accumulation” Rule

Additionally, liability is also affected by Michigan’s “natural accumulation” rule. In the past, landlords could use the open and obvious doctrine as a defense to argue that  a victim should have expected slippery conditions and acted accordingly. Now, Michigan courts will consider both whether the landlord acted reasonably in maintaining the property as well as any fault of the injured party. 

It is possible to prevail in a winter slip and fall case, especially when the accident takes place in the common area of a multi-unit apartment complex. If a sidewalk or walkway is covered with ice, the landlord may be in violation of the duty to keep the area “fit for its intended use” as required under Michigan law.

This is yet another reason to hire a knowledgeable slip and fall attorney if you are injured in an accident on someone else’s property.

IS A LANDLORD RESPONSIBLE FOR ICY CONDITIONS IN THE PARKING LOT?

While a landlord is responsible for clearing snow and ice from sidewalks and walkways, the same rules do not apply to apartment complex parking lots. This is based on the legal theory that, unlike sidewalks, parking lots are not intended for pedestrians. Therefore, even though walking to or from one’s car requires traversing the parking lot, landlords are not usually liable when a person slips and falls in that area.

Nonetheless, the slip and fall laws may be different when it comes to parking lots in shopping centers and office buildings. In those situations, courts may consider whether the landlord reasonably maintained the property during icy conditions.

PUT OUR LAW FIRM’S EXPERIENCE TO WORK FOR YOU

“Because of the complexity of the law, Michigan slip and fall cases can be challenging,” Mark Bernstein of Sam Bernstein Law Firm says. “However, having a knowledgeable attorney on your side will give you the best chance of winning compensation for your injuries.”

Our experienced slip and fall lawyers will help you win compensation for direct expenses such as current and future medical bills, lost wages, including future earnings, as well as intangible damages for pain and suffering, physical and emotional.

For more information or to get your case started, contact The Sam Bernstein Law Firm for a free, no-obligation remote consultation from the safety of your home.