Premises Liability for Apartment Complex Injuries in Michigan

Your home is supposed to be a place of safety—not fear.

When you’re injured at an apartment complex, the pain is more than physical. There’s anger, confusion, and a deep sense of betrayal. You trusted that the place where you live—or the place you were visiting—was properly maintained. Instead, a broken stair, dark hallway, icy sidewalk, or unsecured entrance turned your life upside down.

Under Michigan law, injuries at apartment complexes are often legal accountability cases, not unavoidable accidents. When landlords or property managers ignore dangerous conditions, fail to make repairs, or put profits ahead of safety, they can—and should—be held responsible.

At Marko Law, we fight hard—and we don’t back down. We are Michigan trial lawyers who stand up for tenants, visitors, and families injured by unsafe apartment conditions. If negligence caused your injury, we are prepared to take on landlords, management companies, and their insurance carriers to demand justice.

What Is Premises Liability Under Michigan Law?

Premises liability is the area of Michigan law that holds property owners and managers responsible for injuries caused by unsafe conditions on their property.

The Legal Duty of Property Owners and Managers

Under Michigan premises liability law, landlords and property managers must:

• Regularly inspect their property
• Repair dangerous conditions
• Warn residents and visitors about hazards they can’t immediately fix

This duty applies especially to common areas—the spaces tenants and guests are expected to use every day.

How Apartment Complexes Are Different from Single-Family Homes

Apartment complexes are not private residences. They are shared living environments with:

• Common hallways
• Stairwells
• Parking lots
• Sidewalks
• Laundry rooms
• Recreational areas

Because landlords control these areas, they are legally responsible for keeping them safe. Tenants cannot fix broken stairs, install lighting, or remove ice themselves—that responsibility falls on the property owner or manager.

Why Landlords Cannot Ignore Known Dangers

A landlord doesn’t get a free pass just because a hazard existed “for a while” or because repairs were delayed. If a landlord:

• Knew about a dangerous condition, or
• Should have known through reasonable inspection

and failed to act, that failure can be negligence under Michigan law.

Who Is Protected by Michigan Premises Liability Law

Tenants

People who live at the apartment complex are owed a strong duty of care—especially in common areas controlled by the landlord.

Guests and Visitors

Friends, family members, and social guests are protected when visiting apartment complexes. Landlords owe them the same duty to maintain safe common areas.

Delivery Drivers and Service Workers

Mail carriers, food delivery drivers, maintenance workers, and other service providers are also protected when injured on apartment property while doing their jobs.

Children and Vulnerable Residents

Children, elderly residents, and people with disabilities often face heightened risks. Michigan law recognizes that property owners must account for foreseeable dangers to vulnerable individuals.

Lawful Entrants vs. Trespassers (Brief Overview)

In general, landlords owe duties to people who are lawfully on the property. Trespassers are treated differently—but many apartment injury cases involve tenants and guests who clearly fall within protected categories.

The “Open and Obvious” Defense in Apartment Injury Cases

What the Open and Obvious Defense Means

Under Michigan law, landlords sometimes argue that they had no duty to protect against hazards that were visible and obvious to a reasonable person.

The goal is simple: shift blame onto the injured person.

How Landlords Use This Defense to Avoid Responsibility

Landlords frequently claim that:

• A broken stair was visible
• Ice was noticeable
• Poor lighting was apparent

They argue that tenants or visitors should have avoided the danger—even when the hazard should never have existed in the first place.

Why Obvious Hazards Can Still Be Dangerous

Visibility does not equal safety. Many apartment complex hazards:

• Cannot be avoided without risking injury
• Exist in areas tenants must use daily
• Pose serious risks even when seen

Michigan law recognizes that landlords still have duties when conditions create unreasonable risks of harm.

Special Aspects That Overcome the Open and Obvious Defense

Even if a hazard is visible, liability may still exist when “special aspects” are present.

Unavoidable Hazards

If a dangerous condition:

• Blocks the only reasonable path
• Prevents access to entrances, exits, parking, or common facilities
• Forces tenants or visitors to encounter it

then the landlord may still be liable.

Severe Risk of Harm

Hazards that pose a high likelihood of serious injury—such as falls from height, structural defects, or dangerous stairways—may overcome the defense even if visible.

Notice Requirements: What the Landlord Knew—or Should Have Known

Actual Notice vs. Constructive Notice

• Actual notice means the landlord was directly told about the hazard
• Constructive notice means the condition existed long enough that the landlord should have discovered it through reasonable inspection

Landlords cannot avoid responsibility by choosing not to look.

Prior Complaints and Maintenance Requests

Tenant complaints, emails, work orders, and repair requests are powerful evidence that a landlord knew about a dangerous condition and failed to act.

Inspection Logs and Repair Records

Maintenance logs often reveal:

• Missed inspections
• Delayed repairs
• Repeat issues ignored over time

These records can expose systemic neglect.

How Long the Hazard Existed

The longer a dangerous condition existed, the harder it is for landlords to deny responsibility. Time matters—and delay often tells the real story.

Proving Negligence in a Michigan Apartment Complex Injury Case

Duty of Care

Landlords and property managers owe a legal duty to keep apartment complexes reasonably safe. This duty applies most strongly to common areas such as stairwells, hallways, parking lots, sidewalks, and entrances—places tenants and visitors are expected to use.

Breach of Duty

A breach occurs when a landlord or manager fails to meet that duty, such as:

• Ignoring known hazards
• Failing to repair dangerous conditions
• Delaying maintenance
• Failing to warn residents of risks

When safety is neglected, responsibility follows.

Causation

It must be shown that the unsafe condition directly caused the injury. This link is critical—and often contested by insurance companies looking to avoid responsibility.

Medical records, witness accounts, and physical evidence often establish this connection.

Damages

Finally, there must be real harm. Michigan law recognizes damages when an injury results in:

• Medical treatment
• Lost income
• Pain and suffering
• Long-term or permanent impairment

Without damages, there is no case—no matter how unsafe the property was.

Evidence That Strengthens an Apartment Complex Injury Claim

Photos and Videos of the Hazard

Images taken immediately after the injury can capture conditions landlords later deny existed.

Incident Reports

Internal reports created by the apartment complex often confirm:

• Where the injury occurred
• When it happened
• Who was notified

Maintenance and Inspection Records

These records may reveal:

• Missed inspections
• Delayed repairs
• Repeated safety issues

They often expose patterns of neglect.

Prior Tenant Complaints

Emails, work orders, and maintenance requests can prove the landlord knew about a hazard—and failed to act.

Surveillance Footage

Security cameras may capture:

• The incident itself
• How long the hazard existed
• Foot traffic through dangerous areas

Witness Statements

Other tenants, visitors, or staff can corroborate the dangerous condition and how it caused the injury.

Medical Records

Medical documentation links the injury to the incident and establishes severity, treatment, and long-term impact.

Damages Available in Michigan Apartment Injury Lawsuits

Medical Expenses

• Emergency care
• Hospitalization
• Surgery
• Rehabilitation and therapy

Lost Wages and Loss of Earning Capacity

• Missed work during recovery
• Reduced ability to work in the future

Pain and Suffering

Compensation may reflect:

• Physical pain
• Emotional distress
• Anxiety and loss of enjoyment of life

Disability and Loss of Normal Life

When injuries permanently change how someone lives, moves, or functions, Michigan law recognizes that loss.

Future Medical Care

Some injuries require ongoing treatment, therapy, or assistive services long after the initial incident.

Wrongful Death Damages (When Applicable)

When an apartment complex injury is fatal, surviving family members may pursue damages for:

• Funeral and burial expenses
• Loss of financial support
• Loss of companionship

Unsafe Apartment Complexes Put Lives at Risk

Apartment complexes are supposed to be safe places to live, raise families, and come home to at the end of the day. When landlords allow broken stairs, poor lighting, icy walkways, or unsecured entrances to persist, they put lives at risk.

Injuries caused by neglected maintenance, ignored complaints, or unsafe conditions are not accidents. They are the predictable result of choices—choices to delay repairs, cut corners, or prioritize profit over people.

Landlords and property management companies have legal responsibilities under Michigan law. When they fail to meet those responsibilities, they must be held accountable—not just to compensate injured tenants and visitors, but to prevent the next person from getting hurt.

If you were injured at an apartment complex, you have the right to demand answers. You have the right to take action. And you don’t have to face a landlord or insurance company alone.

Contact Marko Law for a Free Case Evaluation

📞 Phone: +1-313-777-7777
📍 Main Office: 220 W. Congress, 4th Floor, Detroit, MI 48226
🌐 Website: https://www.markolaw.com/