Icy stairs in rental properties are not just a winter inconvenience—they can signal a failure to meet legal duties owed to tenants. Michigan law requires landlords to keep common areas safe and usable, even during predictable winter conditions. When ice-covered stairs are ignored or poorly maintained, resulting injuries may be legally tied to negligence rather than bad luck.
Michigan winters are unforgiving. Snow and ice aren’t just part of life here—they’re a constant threat, especially on the steps and walkways that tenants rely on every day. When those shared stairways turn into slick sheets of ice, a quick trip outside can end in a trip to the ER. But beneath every slip lies a deeper question than just, “Was it slippery?” The real issue is “Who had the duty to fix it?”
Under Michigan law, that question matters—a lot. Property owners and landlords aren’t automatically off the hook just because ice and snow are “natural” parts of winter. They have a legal duty to maintain safe, livable conditions for tenants and guests. And when they fail to do so—when they neglect to salt, shovel, repair, or even warn—serious injuries can happen, and they may be legally responsible.
This isn’t about bad luck or freak weather. It’s about accountability. Landlords who profit from rental properties also inherit the responsibility to keep those properties safe. In Michigan, that duty extends to common areas like stairs, entryways, and sidewalks shared by residents. When a tenant slips on an icy staircase that was never cleared, the law may see it as more than an accident—it may see it as negligence.
Michigan’s landlord-tenant law that matters in icy-stair cases is MCL 554.139. It requires landlords to keep:
Common areas are spaces the landlord controls and multiple tenants (and their guests) rely on. Examples often include:
For years, Michigan courts allowed landlords to avoid liability by claiming that a hazard—like visible ice—was “open and obvious.” Their argument was simple: if the danger could be seen, the tenant should have avoided it, and the landlord didn’t owe a duty to make it safer.
In Kandil-Elsayed v. F & E Oil, Inc. (2023), and its companion case Pinsky, the Michigan Supreme Court redefined how courts handle open-and-obvious conditions.
The Court rejected the idea that property owners automatically escape liability just because a hazard was visible. Instead, it ruled that the question of whether a landlord acted reasonably must still be considered. The “open and obvious” concept is now part of the broader analysis, not a shortcut that ends a case before it begins.
After the Kandil-Elsayed decision, a visible hazard like ice on stairs doesn’t automatically end a tenant’s claim. Instead, courts now focus on the landlord’s conduct and the total circumstances surrounding the fall.
“Open and obvious” conditions may still matter when a court or jury decides:
Certain details consistently make landlords’ defenses weaker and a tenant’s claim stronger:
The stair condition is temporary. The evidence cannot be. Photos and video taken as soon as possible often become the backbone of the case. Useful details include:
Winter cases are time cases. The timeline helps answer the question courts care about: did the landlord respond reasonably given the conditions? The most important comparison is when the snow/ice event occurred versus when the landlord treated the area (or failed to). Weather records can support that timeline, but the key is showing delay and predictability.
Landlords often claim the stairs were cleared. Proof matters. Evidence that tends to move a case forward includes:
Other tenants, neighbors, delivery drivers, and visitors can confirm what the stairs looked like before and after the fall. Witnesses can also confirm whether the hazard had been there for days, whether people had complained, and whether the landlord’s “we salted” story matches reality.
Medical records do more than show you were hurt. They connect the mechanism of injury to the diagnosis and treatment plan. Immediate care, consistent follow-up, and clear documentation help prevent the defense from arguing that the injuries came from something else.
Get checked out right away and keep your follow-up appointments. In injury cases, long gaps in care are used to argue that you were not seriously hurt or that something else caused the symptoms. Medical records also create the cleanest timeline connecting the fall to the injury.
Winter conditions change fast. Take photos or video of the stairs, the landing, the path leading to the stairs, and anything that explains why it was unsafe. Include lighting, handrails, warning signs (or the lack of them), and whether salt was present.
Tell the landlord or property manager in writing. Text or email is usually better than a phone call because it creates a time-stamped record. Keep the message simple and factual: where it happened, what you fell on, and that you were injured.
Keep the footwear you had on, exactly as-is. Do not scrub them, modify them, or throw them away. Defense lawyers sometimes try to shift blame to footwear, and having the actual shoes preserved can matter.
Insurance adjusters often ask for recorded statements quickly. Those calls are not neutral fact-finding. They are designed to lock you into wording that can be used later to reduce or deny the claim.
If you were hurt on ice-covered rental stairs, you may have a claim—especially when the hazard was in a common area the landlord had a duty to maintain. Michigan law expects landlords to keep common areas usable for their intended purpose, and stairs are not optional. When a landlord ignores repeated winter conditions, skips basic maintenance, or lets a known problem like drainage or broken handrails make icing worse, that failure can cross the line from “unfortunate” to legally actionable.
Insurance companies love to minimize these cases. They’ll call it an “accident.” They’ll suggest you should’ve been more careful. They’ll point at the weather and hope you walk away. But winter isn’t a surprise in Michigan, and renters shouldn’t be forced to accept unsafe access points as the price of having a home. If your fall caused real harm—medical treatment, missed work, long-term pain, or lasting limitations—you deserve a serious review of what happened and whether the landlord’s choices played a role.
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قصص حقيقية. نتائج ملموسة. من قضايا الإصابات الشخصية إلى انتصارات الحقوق المدنية، يثق عملاؤنا في شركة ماركو للمحاماة لتحقيق العدالة في الأوقات الأكثر أهمية. استمع إلى ما يقوله الناس في جميع أنحاء ميشيغان عن تجربتهم مع فريقنا القانوني.
Good evening, gentlemen! Just wanted to pop in and give a big shoutout to the Marko Law squad. Gasper was an absolute assassin in the best possible way — and trust me, that’s a high compliment coming from me. In a world full of soft millennials, this guy is built different. John Eads & Gasper tag-teamed those negotiations like champs, especially with a mediator and attorney who were… let’s just say “extra spicy” with a side of confusion. Either way, I wanted to send some love and let you know I’ll be sending clients your way for the foreseeable future.
Alex Kay is absolutely a hell of a lawyer! He is compassionate and very thorough at his job! This process was a absolute breeze 🙌
I’ve been working with attorney Michael Jones for the past two years and I can honestly say I couldn’t have asked for a more dedicated or determined attorney. He has never given up on my case and continues to fight hard to make sure justice is served. He truly cares about his clients and it shows in everything he does. I’m so grateful for his commitment, integrity, and perseverance. I highly recommend him to anyone who needs a lawyer who will stand by you every step of the way.
Michael Jones and his team have been nothing but kind courteous and very knowledgeable on any question that I have had this far. They always answer my questions and walk me through this process. I would recommend Marko law and Michael and his assistant Dae to anyone who needs a outstanding law firm
From intake through the entire process to date, Michael Jones and his team have been doing an excellent job representing me, and are a credit to their law firm, Jon Marco Law! The interactions and timely responses to my questions and requests have given me true faith in their ability to represent me during my case. I truly feel I could not be better represented anywhere else. Thank you Jon Marko law and Thank you Michael and Dae for all you are doing. 03/2026
Marko’s law firm truly has a great team ! Kyla in medical records is very comforting and pays great attention to detail!
I just wanted to offer some positive feedback regarding the receptionist who answers the phone. In my interactions with Melody, I found her to be very polite, cheerful and empathetic. She went above and beyond to assist me in navigating your corporate structure to ensure that I could talk directly to the person who could best help me. Due to her assistance, my issue was successfully resolved.
In my opinion, if injured in an auto accident, this is "The Best Ever Law Firm!" Marko Law is excellent! My case was handled very well! I appreciate the time Alex Kay spent with me to ensure I received the maximum payout for my case! His assistant/Paralegal Tracey was also great in handling everything Alex needed to close my case etc. Alex Kay is an awesome attorney and family man! I recommend Alex Kay and Marko Law to everyone who needs a tried and trusted Law Firm! They are the real deal if you need a maximum payout from your case! Special thanks to Jon Marko, Alex Kay, and Tracey! Kudos to everyone on the Marko Law Team!
Working with Marko Law Firm has been a superb experience! Alex Kay has done a phenomenal job handling my case thus far, and his expertise has made a stressful situation feel much less daunting. I've never dealt with a lawsuit before and he's been nothing but attentive and informative throughout the process. I'm thankful for the opportunity to work with him and hopefully things will continue to go smoothly with my suit.
Ariel Kellersohn is the best in business. If you want a lawyer who dedicates herself to your case, you have found the right place. Ariel goes above and beyond all expectations I had. Not only does she uphold herself to the highest standards of professionalism, she is also very personable and easy to talk to and makes you feel confident in your legal team. 10/10 if I could leave more than 5 stars I would!
Having Marko law handle my case was the best decision I made. Alex Kay was excellent he understood what I have been through and fought for me every step of the way. Alex dedication, hard work, and experience guided my case to a successful settlement. I can’t thank Marko Law enough for what they done for me. I would recommend them for any legal support you need.
Reno Arabo. What a fantastic experience I had working with the firm. You were extremely helpful. You made me feel like you cared about me and not about making money. The communication was amazing was amazing. You kept me informed and updated on all aspects of my case. You asked me questions and listened to what I thought instead of telling me what to do. I would 100% recommend you and your fund. 06/2026
They fight for the little guy. The process is generally hard, very hard, and mentally exhausting, but Marko and his phenomenal attorney Cait bring a lot of ease in that process. And WIN! Cait is straight up, honest of the risks and potential outcomes and such and fighter.
Great hard working firm that fights hard for their clients. Jon and his team are knowledgeable, dedicated and great people all around. Their results speak for themselves! Hire Marko!
Thank you Jonathan Marko! You took my case and never let me down from day one! I recommend Marko Law; you will not regret it! Jonathan Marko is the most amazing Lawyer ever! The law firm is honest, fair, consistent, hard working and very nice! Thank you again! 1/18/2022
I've know Jon Marko for years and he is simply the best. He has helped friends and family through tough times and I would trust him with any legal issue, considering that everyone I know that has hired him has had extremely favorable outcomes.
The Ernst and Marko Law firm has an amazing group of attorneys and staff that will make sure they give each and every client the personalized legal advice they need! They will fight for their clients to make justice is served! I highly recommend this firm! 4/02/2017
Marko Law is a breath of fresh air. They're responsive, they care and they get the job done. They have great communication which means you never feel out of the loop. Most of all they work hard until they get the outcome necessary. Love Marko and his team! 1/19/2022
Attorney Jon Marko is one of the finest attorneys I have ever had the opportunity to work with. His experience and calm courtroom demeanor leaves him unmatched, and makes him a truly aggressive advocate for his clients. 5/12/2016
The world needs more protectors like Jon Marko from police brutality. He was kind, generous, and reassuring when I spoke to him. Thank you for being a defender of the every man because it's the right thing to do.
He was my attorney and couldn't of asked for a more aggressive and down to earth eager ATTORNEY! If you want a lawyer that will WIN then Jon Marko is the Man to call! I highly recommend him and we spoke whenever needed! Thank you again MARKO u were awesome:) 5/27/2020
I've been working here for three years and I can honestly say Jon Marko is a very passionate attorney with whom I'd trust a case with. He is honest, hard working and one of the smartest men I know. Wish I could give more than five stars! 8/12/2020
Ernst and Marko is a firm that fights for the people. I have known Jon Marko for ten years and worked with him in civil litigation and an excessive force case. He is an aggressive and tireless advocate who fights for his clients to get them justice. 5/12/2016
John Marko handled my son's case wonderfully. He worked for us for 6 years to get my son the best settlement outcome. I highly recommend Marko Law.
Jon Marko represented me in a lawsuit. He is extremely smart, hardworking, and dedicated to his clients. I'm an attorney myself so I understand what is required of an exceptional attorney. You will not be disappointed if you hire him and his firm to represent you!
Marko Law exemplifies professionalism and diligence even when taking on the most laborious cases. Their impressive performance is reassuring when handling such significant and critical issues. You truly feel protected and secure when handing Marko law your vulnerability. They will always fight to protect your rights. 5/12/2021
Good evening, gentlemen! Just wanted to pop in and give a big shoutout to the Marko Law squad. Gasper was an absolute assassin in the best possible way — and trust me, that’s a high compliment coming from me. In a world full of soft millennials, this guy is built different. John Eads & Gasper tag-teamed those negotiations like champs, especially with a mediator and attorney who were… let’s just say “extra spicy” with a side of confusion. Either way, I wanted to send some love and let you know I’ll be sending clients your way for the foreseeable future.
Alex Kay is absolutely a hell of a lawyer! He is compassionate and very thorough at his job! This process was a absolute breeze 🙌
I’ve been working with attorney Michael Jones for the past two years and I can honestly say I couldn’t have asked for a more dedicated or determined attorney. He has never given up on my case and continues to fight hard to make sure justice is served. He truly cares about his clients and it shows in everything he does. I’m so grateful for his commitment, integrity, and perseverance. I highly recommend him to anyone who needs a lawyer who will stand by you every step of the way.
Michael Jones and his team have been nothing but kind courteous and very knowledgeable on any question that I have had this far. They always answer my questions and walk me through this process. I would recommend Marko law and Michael and his assistant Dae to anyone who needs a outstanding law firm
From intake through the entire process to date, Michael Jones and his team have been doing an excellent job representing me, and are a credit to their law firm, Jon Marco Law! The interactions and timely responses to my questions and requests have given me true faith in their ability to represent me during my case. I truly feel I could not be better represented anywhere else. Thank you Jon Marko law and Thank you Michael and Dae for all you are doing. 03/2026
Marko’s law firm truly has a great team ! Kyla in medical records is very comforting and pays great attention to detail!
I just wanted to offer some positive feedback regarding the receptionist who answers the phone. In my interactions with Melody, I found her to be very polite, cheerful and empathetic. She went above and beyond to assist me in navigating your corporate structure to ensure that I could talk directly to the person who could best help me. Due to her assistance, my issue was successfully resolved.
In my opinion, if injured in an auto accident, this is "The Best Ever Law Firm!" Marko Law is excellent! My case was handled very well! I appreciate the time Alex Kay spent with me to ensure I received the maximum payout for my case! His assistant/Paralegal Tracey was also great in handling everything Alex needed to close my case etc. Alex Kay is an awesome attorney and family man! I recommend Alex Kay and Marko Law to everyone who needs a tried and trusted Law Firm! They are the real deal if you need a maximum payout from your case! Special thanks to Jon Marko, Alex Kay, and Tracey! Kudos to everyone on the Marko Law Team!
Working with Marko Law Firm has been a superb experience! Alex Kay has done a phenomenal job handling my case thus far, and his expertise has made a stressful situation feel much less daunting. I've never dealt with a lawsuit before and he's been nothing but attentive and informative throughout the process. I'm thankful for the opportunity to work with him and hopefully things will continue to go smoothly with my suit.
Ariel Kellersohn is the best in business. If you want a lawyer who dedicates herself to your case, you have found the right place. Ariel goes above and beyond all expectations I had. Not only does she uphold herself to the highest standards of professionalism, she is also very personable and easy to talk to and makes you feel confident in your legal team. 10/10 if I could leave more than 5 stars I would!
Having Marko law handle my case was the best decision I made. Alex Kay was excellent he understood what I have been through and fought for me every step of the way. Alex dedication, hard work, and experience guided my case to a successful settlement. I can’t thank Marko Law enough for what they done for me. I would recommend them for any legal support you need.
Reno Arabo. What a fantastic experience I had working with the firm. You were extremely helpful. You made me feel like you cared about me and not about making money. The communication was amazing was amazing. You kept me informed and updated on all aspects of my case. You asked me questions and listened to what I thought instead of telling me what to do. I would 100% recommend you and your fund. 06/2026
They fight for the little guy. The process is generally hard, very hard, and mentally exhausting, but Marko and his phenomenal attorney Cait bring a lot of ease in that process. And WIN! Cait is straight up, honest of the risks and potential outcomes and such and fighter.
Great hard working firm that fights hard for their clients. Jon and his team are knowledgeable, dedicated and great people all around. Their results speak for themselves! Hire Marko!
Thank you Jonathan Marko! You took my case and never let me down from day one! I recommend Marko Law; you will not regret it! Jonathan Marko is the most amazing Lawyer ever! The law firm is honest, fair, consistent, hard working and very nice! Thank you again! 1/18/2022
I've know Jon Marko for years and he is simply the best. He has helped friends and family through tough times and I would trust him with any legal issue, considering that everyone I know that has hired him has had extremely favorable outcomes.
The Ernst and Marko Law firm has an amazing group of attorneys and staff that will make sure they give each and every client the personalized legal advice they need! They will fight for their clients to make justice is served! I highly recommend this firm! 4/02/2017
Marko Law is a breath of fresh air. They're responsive, they care and they get the job done. They have great communication which means you never feel out of the loop. Most of all they work hard until they get the outcome necessary. Love Marko and his team! 1/19/2022
Attorney Jon Marko is one of the finest attorneys I have ever had the opportunity to work with. His experience and calm courtroom demeanor leaves him unmatched, and makes him a truly aggressive advocate for his clients. 5/12/2016
The world needs more protectors like Jon Marko from police brutality. He was kind, generous, and reassuring when I spoke to him. Thank you for being a defender of the every man because it's the right thing to do.
He was my attorney and couldn't of asked for a more aggressive and down to earth eager ATTORNEY! If you want a lawyer that will WIN then Jon Marko is the Man to call! I highly recommend him and we spoke whenever needed! Thank you again MARKO u were awesome:) 5/27/2020
I've been working here for three years and I can honestly say Jon Marko is a very passionate attorney with whom I'd trust a case with. He is honest, hard working and one of the smartest men I know. Wish I could give more than five stars! 8/12/2020
Ernst and Marko is a firm that fights for the people. I have known Jon Marko for ten years and worked with him in civil litigation and an excessive force case. He is an aggressive and tireless advocate who fights for his clients to get them justice. 5/12/2016
John Marko handled my son's case wonderfully. He worked for us for 6 years to get my son the best settlement outcome. I highly recommend Marko Law.
Jon Marko represented me in a lawsuit. He is extremely smart, hardworking, and dedicated to his clients. I'm an attorney myself so I understand what is required of an exceptional attorney. You will not be disappointed if you hire him and his firm to represent you!
Marko Law exemplifies professionalism and diligence even when taking on the most laborious cases. Their impressive performance is reassuring when handling such significant and critical issues. You truly feel protected and secure when handing Marko law your vulnerability. They will always fight to protect your rights. 5/12/2021
في ماركو لو، نحن لا نكتفي بتولي القضايا فحسب، بل نتخذ موقفاً حازماً. سواء كنت تواجه إصابة، أو ظلماً، أو إهمالاً صريحاً، فإن فريقنا يقاتل من أجلك وكأن الأمر شخصي — لأنك كذلك بالفعل.
هل أنت مستعد لإيصال صوتك؟
نحن هنا لنحقق الفوز، لا لنضيع الوقت.
