Can I Sue My Landlord If I Get Injured In The Common Area At My Apartment Complex?
As injury attorneys serving clients across Detroit and throughout Michigan, we are often asked whether a tenant can sue their landlord for injuries that happen in shared spaces like hallways, stairwells, sidewalks, or parking lots. The short answer is yes, but only under certain conditions. Michigan law places a duty on property owners, including landlords, to maintain safe premises. When they fail to do that and someone gets hurt, they can be held legally responsible.
Common area injuries are more frequent than most people think. Slips on icy sidewalks, broken stair railings, poorly lit hallways, and uneven flooring are just a few examples of hazards that can cause serious harm. If you’ve been injured in a shared area of your apartment complex, it’s important to understand your legal options and how Michigan premises liability laws may apply to your situation.
Landlord’s Duty To Maintain Common Areas
Under Michigan law, landlords have a legal responsibility to keep common areas in a reasonably safe condition. This duty is outlined in the Michigan Compiled Laws (MCL) § 554.139(1)(a), which requires landlords to ensure that “the premises and all common areas are fit for the use intended by the parties.”
This includes:
- Keeping walkways clear of ice and snow
- Maintaining functional lighting in hallways and staircases
- Repairing broken steps, railings, or flooring
- Ensuring parking lots and entrances are safe and free from hazards
If your landlord fails to uphold this duty and you are injured as a result, they may be liable for your injuries.
Proving Landlord Negligence After A Common Area Injury
To succeed in a personal injury claim against your landlord, we must prove that the landlord was negligent. This means showing that:
- A dangerous condition existed in a common area
- The landlord knew or should have known about the condition
- The landlord failed to fix the problem within a reasonable time
- You were injured as a direct result of that failure
For example, if you slipped on ice that had not been salted for several days, we would investigate whether the landlord had proper snow removal procedures in place, whether complaints had been made, and whether they had a reasonable opportunity to remedy the condition before your injury.
Open And Obvious Defense In Michigan
Landlords often argue that a dangerous condition was “open and obvious,” meaning any reasonable person would have seen it and avoided it. This defense can limit or bar recovery under Michigan’s premises liability rules. However, courts also recognize exceptions when the hazard poses an unavoidable risk or when special circumstances make the danger less obvious.
We carefully evaluate whether your case falls under one of these exceptions. Courts have found that things like poor lighting or deceptive conditions may allow a claim to proceed, even if the hazard was technically visible.
Damages You May Recover In A Lawsuit
If we can prove the landlord’s negligence caused your injury, you may be entitled to compensation for:
- Medical expenses
- Lost wages or reduced earning capacity
- Pain and suffering
- Future medical care
- Emotional distress
These damages are meant to help you recover and regain stability after an injury caused by someone else’s carelessness. Every case is different, and we work closely with clients to build a clear and complete picture of how the injury has impacted their lives.
When You Need To File Your Claim
Under Michigan law, the statute of limitations for personal injury claims is generally three years from the date of the injury, according to MCL § 600.5805(2). That may sound like plenty of time, but acting quickly is important. Evidence like video footage, witness statements, and maintenance logs can disappear or become harder to obtain as time passes.
We recommend contacting our office as soon as possible after your injury to preserve your legal rights and begin building your case.
Detroit Apartment Injury Claim Frequently Asked Questions
Can I Sue My Landlord If I Fell On Ice In The Parking Lot?
Yes, you may have a valid claim if your landlord failed to properly maintain the parking lot or remove snow and ice in a reasonable amount of time. Under MCL § 554.139, landlords are required to maintain common areas, including outdoor walkways and parking lots. If the ice was not treated and your fall was a result of that neglect, we can investigate whether the landlord breached their legal duty.
What If I Tripped In A Poorly Lit Hallway?
Inadequate lighting in hallways, stairwells, or other common areas can be a safety hazard. Landlords are responsible for maintaining proper lighting under Michigan premises liability law. If the lack of lighting contributed to your injury, that may be grounds for a claim. We would gather evidence, including photos, incident reports, and witness accounts, to support your case.
Can I Still Sue If The Dangerous Condition Was Visible?
Maybe. Michigan law includes the “open and obvious” defense, which says property owners aren’t always liable for dangers that should be easily noticed. However, exceptions apply. If the hazard was unavoidable or created a special risk, like black ice or crumbling stairs in a required path, the court may allow the case to proceed. We evaluate each situation carefully to determine if an exception applies.
What Should I Do After Getting Injured In A Common Area?
You should seek medical attention immediately and document everything. Take photos of the hazard, your injuries, and the surrounding area. Report the incident to your landlord or property manager in writing. Try to get contact information from any witnesses. Then call our law firm so we can begin a legal evaluation of your case and help you understand your options.
Is My Landlord Automatically Liable For Injuries On The Property?
Not necessarily. We must prove that the landlord knew or should have known about the dangerous condition and failed to fix it. If your injury occurred because of something truly unexpected or if you were in an area not considered a common space, liability may be harder to establish. That’s why we look closely at the facts and the law to determine whether a legal duty was breached.
How Much Compensation Can I Receive?
The value of your claim depends on your medical expenses, lost income, pain and suffering, and how the injury has affected your life. Some injuries may lead to long-term complications or permanent disability, which increases the potential value of the case. We fight to make sure your settlement or verdict reflects the full scope of your loss.
Call A Detroit Premises Liability Attorney You Can Trust
If you were injured in a common area of your apartment complex, you may have the right to seek compensation. At Ravid & Associates, P.C., we represent injured clients across Detroit and throughout Michigan in premises liability cases involving unsafe apartment complexes.
Call our Detroit apartment injury lawyers at Ravid & Associates, P.C. at (248) 948-9696 to schedule a consultation. We represent clients from our office in Southfield, Michigan, and serve injury victims throughout the entire state of Michigan.
