Slip and Fall Lands Michigan Association in Court
Condo associations in Michigan have to be pleased with a new ruling from the state Court of Appeals. The court found that condo owners can’t sue their associations for premises liability (Janini v London Townhouses Condo Ass’n*). If it seems too good to be true, that’s because it just might be.
An owner left his unit one winter morning to throw garbage in a dumpster. He walked along the sidewalk and across the parking lot. On the way, he slipped and fell on the pavement, which was covered with snow and ice. When he fell, he hit the back of his head against the ice on the pavement.
The owner sued the association for breaching its duty to remove snow and ice from the condo complex’s sidewalk and parking lot. The trial court rejected the association’s attempt to have the lawsuit dismissed before trial, ruling that the owner could pursue his premises liability claim. The association appealed — and won. (Note: At the time of writing, the Michigan Supreme Court was considering whether to review the case.)
The appellate court noted that premises liability claims generally are based on the defendant’s duty as an owner of property.
In our new article, our association experts will examine the implications of this court ruling and discuss whether a premises liability case could have the same outcome in other states.
Read the full article now: Can an Owner Sue for Premises Liability?