Landlords scored a major victory this month when the Michigan Supreme Court refused to overturn or even hear oral arguments on a published case released by the Michigan Court of Appeals in March 2024. The ruling allows landlords to escape liability when they fail to adequately maintain their properties from slip-and-fall accidents, particularly falls on outdoor stairs, stairwells, and porches.
The ruling is puzzling, especially when Michigan law protects renters and tenants from landlord negligence. Our Michigan slip and fall lawyers have dealt with landlord negligence resulting in personal injury for decades. And despite some significant changes in slip and fall law, some statutes meant to protect tenants and renters remain primarily toothless. This recent Court of Appeals case provides yet another reminder.
The Ruling in Holder v. Anchor Bay Investments, Inc.
In Holder v. Anchor Bay Investments, Inc., (docket no. 364401, published 3/21/2024) the plaintiff leased a first-floor apartment. There were two newly constructed sets of exterior stairs leading into two different doors of the plaintiff’s apartment. The stairs at issue were made of wood and led to a landing outside the main entrance of the plaintiff’s apartment. According to the plaintiff, she noticed that these wooden steps eventually became “algaefied” and were slippery. The plaintiff was injured after she slipped and fell on one of the wooden steps.
The plaintiff sued the apartment complex and owners on a negligence theory and for violating two separate statutory laws. First, whether the algaefied stairs were not reasonably fit for their intended use, a violation of MCL 554.139. Second, the plaintiff alleged the apartment complex violated applicable building codes and Michigan’s Housing Law, MCL 125.536.
The trial court disagreed with the Plaintiff’s allegations and dismissed her entire case. The Michigan Court of Appeals reversed part of the trial court’s holding (because it had to) due to a change in the law. The court said the plaintiff could proceed with her ordinary negligence claim against the apartment complex. However, in a split 2-1 holding, the Court of Appeals held that the landlord did not violate either statute. This is a significant holding, as explained more below.
The Slippery Steps Were Fit For Their Intended Use
One question the Court of Appeals had to answer was whether the trial court erred in concluding there was no genuine question of fact whether the algaefied stairway was fit for its intended use under MCL 554.139(1).
This statute states:
(1) In every lease or license of residential premises, the lessor or licensor covenants:
(a) That the premises and all common areas are fit for the use intended by the parties.
Under MCL 554.139(1)(a), a landlord must ensure that common areas are fit for their intended use. This means the slippery steps, in this case, were “fit for the intended use of walking on them. According to the court, there was no question that the stairs were slippery. Evidence showed that the stairs had an algae-like substance that made them slippery. Despite this evidence, the court found that because the plaintiff “was familiar with the danger posed by the algae”, could see the algae, and had to use the stairway at least twice a day, the steps were fine and fit for their intended use.
This reasoning is highly troublesome, as Justice Megan Cavanagh points out in her dissent to the Michigan Supreme Court’s decision to not take up the matter.
Michigan Housing Law – No Violation if the Stairway is Outside
The second law the Michigan Court of Appeals had to decide was whether the algae-covered steps violated Michigan Housing law, specifically MCL 125.536(1). This law says:
When the owner of a dwelling regulated by this act permits unsafe, unsanitary or unhealthful conditions to exist unabated in any portion of the dwelling, whether a portion designated for the exclusive use and occupation of residents or a part of the common areas, where such condition exists in violation of this act, any occupant, after notice to the owner and a failure thereafter to make the necessary corrections, shall have an action against the owner for such damages he has actually suffered as a consequence of the condition. When the condition is a continuing interference with the use and occupation of the premises, the occupant. shall also have injunctive and other relief appropriate to the abatement of the condition. [emphasis added].
The main question the court decided is whether MCL 125.536 applies to exterior stairways. The court concluded that MCL 125.536 does not pertain to exterior stairways, such as the one the plaintiff fell on, because the statute references “in any portion of the dwelling,” which oddly meant only conditions literally inside the building. Because the plaintiff fell on a part of the dwelling that was outside, there was no violation of the statute.
According to the Court, landlords can’t permit unsafe conditions and common areas like staircases inside a house but can so long as the stairs are outdoors.
The Michigan Supreme Court Refuses to Change an Unjust Holding
By refusing to grant leave on the Court of Appeals decision, the Michigan Supreme Court effectively refused to change an unjust holding.
However, Justice Cavanagh and Justice Elizabeth Welch disagreed with the Court of Appeal’s reasoning. First, they believed the Court of Appeals should not read MCL 125.536(1) so narrowly as to include only a dwelling’s interior. They would have directed the court to hear oral argument on this issue so the court could get more information.
Second, Justices Cavanagh and Welch were very troubled the majority ruled that because the plaintiff was “familiar with the danger posed by the algae,” the stairway was fit for its intended use. The familiarity of a danger goes to the comparative negligence of the plaintiff. If a plaintiff knew about the slippery staircase, a jury should determine if it is open and obvious. However, a condition’s open and obvious nature cannot preclude liability as it relates to a landlord’s statutory duty. Justice Cavanagh rightly questioned the relevance of this fact to the analysis of whether the defendant breached its statutory duties.
Landlord-Tenant Injury Lawyers in Michigan
The Holdan case again demonstrates that although specific laws are meant to protect tenants from landlord negligence, our state judges often ignore or read them so narrowly they are meaningless. For example, suppose a staircase is slippery due to algae, grime, dirt, and other slippery substances. How can the staircase be “fit for its intended use” as a matter of law? Shouldn’t a jury get to decide this question, not the judge?
That is why it is important to contact an experienced Michigan slip-and-fall attorney if you or anyone else is injured on your rental property. Our dedicated team of attorneys has recovered millions for clients injured due to their landlord’s negligence.
Call Us Today – Our Michigan Slip and Fall Lawyers Are Ready to Meet You
When you’ve suffered injuries in a slip and fall accident, you have a lot going on. The attorneys at the Lee Steinberg Law Firm will meet and be with you throughout your case. We will fight for the monetary compensation you deserve by law. And we never charge a fee or costs until we win your case.