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.

The Michigan Law Behind Landlord Responsibility for Snow and Ice

MCL 554.139

Michigan’s landlord-tenant law that matters in icy-stair cases is MCL 554.139. It requires landlords to keep:

1. the premises in reasonable repair 
2. common areas fit for the use intended by the parties

What counts as a “common area”

Common areas are spaces the landlord controls and multiple tenants (and their guests) rely on. Examples often include:

• Exterior steps and staircases
• Shared interior stairwells
• Porches and entryways
• Sidewalks and walkways leading to entrances
• Parking-lot access routes
• Laundry-room paths and other shared facilities

The Michigan Supreme Court Shift: “Open and Obvious” Isn’t the Get-Out-of-Jail-Free Card Anymore

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.

How the analysis looks now

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:

• Whether the landlord acted reasonably under the circumstances, and
• Whether the injured person shares any comparative fault, which can reduce, but not eliminate, compensation.

When Ice-Covered Stairs Become a Landlord’s Legal Problem

Core liability building blocks

1. Duty is the starting point. In many rental situations, that duty is reinforced by MCL 554.139, which requires landlords to keep the premises in reasonable repair and keep common areas fit for their intended use. 
2. Breach is about whether the landlord failed to act reasonably or failed to meet statutory obligations. A landlord does not have to prevent every patch of winter weather from forming, but they do have to take reasonable steps to address hazards in areas tenants must use.
3. Causation means the unsafe condition contributed to the fall. Defense lawyers often try to turn these cases into “you just slipped” stories. The job is to connect the hazard—untreated ice on stairs, poor lighting, broken handrail, recurring drainage issues—to the injury in a clear, provable way.
4. Damages are the injuries and losses that followed: medical treatment, missed work, ongoing limitations, and the other ways an injury costs you time, money, and health.

Common fact patterns that strengthen a claim

Certain details consistently make landlords’ defenses weaker and a tenant’s claim stronger:

• No salting/shoveling policy, or no proof it happened
• Re-freezing problems caused by drainage failures or gutter/downspout runoff onto the stairs
• Broken, loose, or missing handrails
• Poor lighting or missing lighting in stairwells or entry points
• Prior complaints or repeated issues that show the hazard wasn’t new
• A long delay after snowfall or freezing conditions with no reasonable response

Evidence That Wins These Cases

Scene documentation

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:

• The stairs from multiple angles (top, bottom, side view)
• Ice thickness and coverage (including where foot traffic is forced)
• Whether there’s salt or grit present—or none at all
• Lighting conditions at the time
• Handrails and their condition
• Any warning signs (or the absence of them)

Time + weather timeline

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.

Maintenance proof

Landlords often claim the stairs were cleared. Proof matters. Evidence that tends to move a case forward includes:

• Maintenance logs and property management notes
• Vendor invoices and contracts for snow/ice removal
• Work orders and internal communications
• Security footage showing treatment (or showing none)
• Texts/emails where tenants reported icy conditions

Witnesses

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 linkage

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.

What to Do After a Slip-and-Fall on Icy Rental Stairs

Get medical care and follow through

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.

Photograph the hazard and the surrounding area ASAP

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.

Report it in writing

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.

Preserve the shoes or boots you wore

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.

Avoid recorded statements to insurers without legal guidance

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.

Hold the Landlord Accountable

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.

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/