You stepped into the elevator expecting nothing more than a quiet ride to your floor. Instead—a jolt, a drop, a screech of metal—and pain. Maybe the doors jammed and trapped you inside. Maybe the elevator misaligned with the floor, causing a brutal trip and fall. Or maybe it didn’t move at all—leaving you to climb dangerous stairs that hadn’t seen maintenance in years.
This wasn’t just bad luck. It was a betrayal of trust. Buildings are supposed to be safe. We trust them to function—to carry our families, our neighbors, our coworkers safely. So when an elevator fails or a stair collapses, that trust is shattered—along with bones, vertebrae, and sometimes, futures.
The physical injuries are real and often severe:
- Broken bones
- Spinal injuries
- Torn ligaments or head trauma
- Permanent disabilities
- Paralyzing fear of confined spaces or vertical transport
But so is the emotional wreckage: the panic in a stuck elevator. The trauma of falling on concrete. The dread that builds every time you approach that same building again.
At Marko Law, we know that many of these incidents aren’t freak accidents—they’re failures of maintenance, inspection, and responsibility. And in Michigan, the law is clear: if a building owner, landlord, or contractor neglected safety, you may be entitled to compensation.
Premises Liability Law in Michigan
You shouldn’t have to think twice before stepping into an elevator or walking through a lobby. But when building owners cut corners on safety—or ignore known hazards—the results can be devastating. And in Michigan, that kind of negligence has consequences.
Under premises liability law, property owners, landlords, and managers have a legal duty to keep their buildings safe for those who live in, work in, or visit them. That includes making timely repairs, conducting inspections, and posting warnings when something’s not right.
Who’s Legally Responsible?
The duty to maintain safe premises isn’t limited to just the building owner. It can extend to:
- Landlords
- Commercial property owners
- Property management companies
- Retail tenants or businesses leasing space
If one of these parties failed to address a hazard—like a malfunctioning elevator, broken handrail, or loose stair tile—they can be held legally and financially liable when someone gets hurt.
Michigan Law Backs You Up
For tenants specifically, Michigan law is crystal clear. Under MCL 554.139, landlords are required to ensure that common areas in rental properties—like hallways, stairwells, and elevators—are fit for their intended use and maintained in a safe condition.
Let that sink in: If you rent your apartment, and the elevator has been broken for weeks—or a staircase crumbles under your feet—your landlord may be violating state law.
When Elevators and Escalators Fail
Elevators and escalators aren’t just modern conveniences—they’re complex, regulated machines. And when they’re neglected, people get hurt. Common causes of liability include:
- Improper maintenance
- Ignored safety inspections
- Failure to address previous complaints
- Outdated equipment or faulty repairs
If the building owner or maintenance contractor failed to do their job, they can—and should—be held accountable.
Who Can Be Held Legally Responsible?
Building Owners
Ultimately, the building owner is responsible for ensuring the safety of the property. If the elevator is ancient, the flooring is cracked, or the lighting is poor, they may be liable for:
- Failing to schedule regular inspections
- Ignoring prior complaints or accident reports
- Not replacing dangerous or worn-down infrastructure
This applies whether the owner is a private landlord, a corporation, or even a housing authority.
Property Management Companies
If a management company oversees the daily operations of the building, they can be held accountable for:
- Neglecting repairs
- Failing to post warnings
- Skipping maintenance protocols
They often play a hands-on role in safety—and their negligence can be just as costly as the owner’s.
Maintenance Contractors (Elevator Service Providers)
Did a third-party contractor inspect the elevator? Were they paid to maintain it?
If so, they can be sued for negligent repair or inadequate inspections. We’ve seen cases where corners were cut, critical repairs were delayed, or service logs were falsified. When that happens, they’re not just negligent—they’re dangerous.
Commercial Tenants
If the hazardous area was controlled by a business renting space in the building—like a store, restaurant, or gym—that tenant may share legal responsibility.
Example: If a retailer fails to report a broken escalator in their leased space—or actively blocks access to an emergency exit—they can be held liable for any resulting harm.
Equipment Manufacturers
Sometimes, the problem isn’t maintenance—it’s the equipment itself. If an elevator, escalator, or mechanical system was defectively designed or manufactured, the product maker may be responsible under product liability laws.
Think:
- Faulty elevator brakes
- Defective emergency stop buttons
- Malfunctioning sensors on escalators
We work with expert engineers to uncover flaws the average person would never see.
Special Rules for Government-Owned Buildings
Unlike private property cases, governmental entities are shielded by something called "governmental immunity." This doesn’t mean they’re untouchable—but it does mean you need to act fast and follow strict procedures to pursue compensation.
What Buildings Are Covered by These Rules?
- City or county courthouses
- Detroit Housing Commission properties
- Public schools and universities
- City-owned parks and recreation centers
- Government office buildings or jails
If the property is funded, operated, or maintained by a city, county, or state agency, this section applies to you.
You Have Less Time to Act
Under Michigan law, if you’re injured in a government-owned building, you must give written notice—often within 120 days of the incident. This is not the same as a traditional personal injury lawsuit. This notice must include:
- The exact date and location of the injury
- A detailed description of what happened
- The nature of your injuries
- Information about the hazard or defect
Miss this deadline, and your case could be dismissed before it ever starts.
Why This Process is So Complex
Governmental immunity laws were designed to limit lawsuits against public entities—but there are clear exceptions when negligence causes harm. That includes:
- Failure to maintain safe conditions
- Dangerous public walkways or buildings
- Ignored complaints or repeated code violations
At Marko Law, we know how to navigate these red-tape traps. We’ve taken on city agencies, housing commissions, and public institutions—and won.
Damages You May Be Entitled To
Economic Damages: The Bills You Can’t Ignore
These are your actual financial losses—the ones that show up in your mailbox and your bank account:
- Emergency room and hospital bills
- Follow-up surgeries and specialist visits
- Physical therapy or rehab services
- Prescription medications and assistive devices
- Lost wages from time off work
- Out-of-pocket expenses like transportation to appointments
If your injury forces you to miss work—or switch careers entirely—we calculate every penny. You shouldn’t have to pay for someone else’s failure to fix a broken building.
Non-Economic Damages: The Pain You Carry Every Day
These damages cover the losses that don’t come with a receipt—but still cost you everything:
- Pain and suffering
- Emotional distress or PTSD
- Loss of enjoyment of life
- Loss of independence or mobility
- New phobias (like fear of elevators or falling)
Just because you can’t see the trauma doesn’t mean it’s not real. We make sure insurance companies—and juries—understand that, too.
Punitive Damages: For Outrageous Negligence
In some rare cases, you may be awarded punitive damages—meant to punish reckless or willful misconduct.
For example:
- A landlord ignores repeated elevator failure reports.
- A property manager falsifies safety inspection logs.
- A maintenance company disables safety alarms to avoid service calls.
When someone deliberately cuts corners, we make sure they pay for more than your bills—they pay for the risk they created.
Loss of Earning Capacity
What if you can never return to the job you once had?
If your injury limits your ability to work long-term, we’ll fight for:
- Projected lost income
- Career retraining costs
- Job placement resources
- Future wage reductions due to disability
We bring in financial experts to calculate your full earning potential—then make sure it's not lost without a fight.
You Were Hurt—Now Let’s Hold Them Accountable
You didn’t ask for this. You weren’t being careless. You were just trying to get to your floor, walk down a stairwell, or make it out of a lobby. And now, you’re facing pain, medical bills, missed work, and fear you never expected to carry.
Legal action isn’t about revenge. It’s about recovery, accountability, and preventing the next injury. It’s about making sure no one else has to suffer like you did—because some building owner thought cutting corners was cheaper than keeping you safe.
At Marko Law, we don’t just file claims—we fight for real justice. We investigate every angle, preserve critical evidence, and hold every negligent party accountable. You focus on healing. We’ll handle the rest.
Contact Marko Law for a Free Case Evaluation
1-833-MARKO-LAW |+1 313-777-7777 📍 220 W. Congress, 4th Floor, Detroit, MI 48226
🌐 www.markolaw.com
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