Winter in Detroit is unforgiving. Snow piles up overnight. Ice forms in layers. Freezing rain turns sidewalks into glass. And too often, those walkways are left untreated, unsalted, and ignored.

For pedestrians, workers, seniors, and families just trying to get from point A to point B, a routine walk can become a violent, life-altering fall in seconds. One slip. One uncontrolled impact with concrete. One injury that changes everything.

Winter slip and falls are often brushed off as “accidents” or “part of living in Michigan.” But that narrative protects the wrong people. Many of these falls aren’t inevitable. They’re the result of preventable negligence—property owners and responsible parties failing to do what the law and basic safety require.

Who May Be Legally Responsible When Sidewalks Turn Deadly

Private Property Owners

Sidewalks and walkways connected to private property are often the legal responsibility of the owner, not the city. This includes:

• Homeowners
• Apartment complexes
• Commercial landlords
• Businesses open to the public

These property owners have a legal duty to take reasonable steps to protect people from known winter hazards.

Common Responsibilities Include:

• Timely snow and ice removal after a storm
• Salting or sanding walkways to reduce slip risk
• Fixing drainage issues that cause repeated refreezing
• Addressing areas where ice predictably forms

Ignoring these duties can turn a routine winter condition into a dangerous—and legally actionable—hazard.

Business Owners and Commercial Properties

Businesses that invite the public onto their property are held to a higher standard of care under Michigan law.

That means:

• Regular inspection of sidewalks and entrances
• Proactive snow and ice treatment
• Quick response after storms or freeze–thaw cycles

If a business waits too long to act—or does nothing at all—it may be liable when someone gets hurt. “We were busy” or “we hadn’t gotten to it yet” is not a legal defense when customers are being put at risk.

Landlords and Property Management Companies

In rental properties, responsibility often depends on control.

Landlords and property managers may be liable for:

• Common areas like sidewalks, entryways, and parking lots
• Failing to hire competent snow removal contractors
• Ignoring repeated tenant complaints about icy conditions

When tenants and guests have no ability to fix the hazard themselves, the duty falls squarely on those managing the property.

The City of Detroit

When Municipal Liability May Apply

• Certain public sidewalks or city-controlled areas
• Situations involving defective sidewalk design or maintenance
• Failures that fall within specific legal exceptions

Governmental Immunity and Its Exceptions

Michigan law generally protects cities from lawsuits—but not always. There are narrow exceptions, and missing them can end a case before it starts.

Strict Notice Requirements and Deadlines

Claims against the city often require:

• Written notice within a short time frame
• Specific details about the location and condition
• Compliance with procedural rules most people don’t know exist

These cases are time-sensitive, evidence disappears quickly, and delays can permanently bar a claim.

Michigan Premises Liability Law and Winter Falls

Winter slip and fall cases in Michigan live or die by premises liability law—the rules that decide when a property owner can be held responsible for dangerous conditions on their property. These cases are highly technical, and insurance companies rely on the public not understanding how the law actually works.

Duty Owed Based on Legal Status

Michigan law separates visitors into three categories, each with different protections:

Invitees

Invitees are people invited onto the property for business or commercial purposes, such as:

• Customers
• Delivery drivers
• Tenants and their guests

Highest duty of care applies. Property owners must:

• Inspect for hazards
• Fix dangerous conditions
• Warn of risks they know—or should know—about

Licensees

Licensees are social guests or others on the property with permission but not for business reasons.

Property owners must:

• Warn of known dangers
• Avoid creating hidden hazards

Trespassers

Trespassers are owed the lowest duty of care. Generally, property owners must only refrain from intentional or reckless harm.

That said, status is often disputed, and defendants regularly mislabel injured people as trespassers to avoid liability.

The “Open and Obvious” Defense—and Why It’s Not the End

What Defendants Mean by “Open and Obvious”

Defendants argue that:

• Snow and ice are common in winter
• A reasonable person should expect slippery conditions
• The danger was visible and avoidable

If successful, this defense can block recovery—but it is not absolute.

Why Ice Is Often Not Truly Visible

Ice is not always obvious—especially in Detroit winters.

Common examples include:

• Black ice blending into concrete
• Snow-covered ice hiding underneath
• Ice forming from refreezing drainage
• Shaded or poorly lit sidewalks

Visibility matters. And many winter hazards cannot be detected by an ordinary person exercising reasonable care.

Michigan Courts Have Limited Blanket Use of This Argument

Michigan appellate courts—including the Michigan Supreme Court—have repeatedly ruled that open and obvious is not a get-out-of-jail-free card.

Courts consider:

• Whether the danger was unavoidable
• Whether special aspects made the hazard unreasonably dangerous
• Whether the property owner should have anticipated harm anyway

How Long Does a Property Owner Have to Remove Snow and Ice?

What “Reasonable Time” Means After a Snowfall

There is no automatic grace period that lets property owners ignore snow and ice. Instead, courts look at:

• When the snowfall ended
• The amount of accumulation
• The time of day
• Foot traffic and foreseeable use of the sidewalk
• Whether the property owner took any action at all

If hours—or days—pass with no shoveling, salting, or warning, that delay can support a finding of negligence.

Freeze–Thaw Cycles and Refreezing Hazards

Detroit winters are notorious for freeze–thaw cycles. Snow melts during the day, refreezes overnight, and creates black ice in predictable locations:

• Sloped sidewalks
• Drainage paths
• Areas near downspouts or parking lots
• Shaded walkways

Property owners are expected to anticipate these conditions. Ignoring known refreezing patterns isn’t bad luck—it’s neglect.

Why “We Were Going to Get to It” Isn’t a Legal Excuse

Defendants often claim:

• “The storm just ended”
• “We hadn’t gotten around to it yet”
• “Our contractor was on the way”

Michigan courts look at results, not excuses. If people are walking on the property and the hazard is left untreated, responsibility doesn’t disappear just because cleanup was delayed.

Reasonable care means acting before someone gets hurt, not after.

Evidence That Can Make or Break a Winter Slip and Fall Case

Surveillance Footage

Security cameras from:

• Nearby businesses
• Apartment complexes
• Parking garages

Footage can show:

• How long the hazard existed
• Whether anyone attempted cleanup
• The severity of the conditions at the time of the fall

Weather Reports and Storm Timelines

Certified weather data helps establish:

• When precipitation started and ended
• Temperature drops causing refreezing
• Ice-forming conditions

This evidence directly counters claims that a property owner didn’t have enough time to respond.

Maintenance and Snow Removal Logs

These records often reveal:

• No snow removal at all
• Delayed or inconsistent service
• Contractors who never showed up
• Logs filled out after the fact

Paper trails tell the real story.

Witness Statements

Other pedestrians, tenants, or employees may confirm:

• The sidewalk was icy for hours or days
• Prior near-falls occurred
• Complaints were made and ignored

Independent witnesses can be powerful—especially when insurance companies deny the obvious.

Prior Complaints or Incident Reports

Evidence that others warned about the same icy spot before your fall is often devastating to a defense case. It shows notice—and a conscious decision not to act.

When Winter Negligence Causes Real Harm

Slippery sidewalks are often treated as an unavoidable part of winter in Detroit—but the truth is, many of these dangerous conditions are entirely preventable. Snow left untouched. Ice allowed to refreeze day after day. Known hazards ignored until someone gets hurt.

When that happens, victims should not be blamed for simply walking where they were allowed to walk. Accountability belongs with those who failed to act. Understanding who was responsible for maintaining a sidewalk—and how Michigan law applies—is the first step toward real justice.

At Marko Law, we represent people whose lives were disrupted because someone else chose convenience over safety. Winter negligence has real consequences, and those consequences shouldn’t be borne by injured pedestrians and families alone.

Contact Marko Law for a Free Case Evaluation

If you were injured in a winter slip and fall, don’t let confusion or insurance company pressure keep you from getting clear answers.

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