Condo Associations Beware: Co-Owners Can Sue You
A recent unpublished decision by the Michigan Court of Appeals ruled that property owners may pursue a premises liability claim against their own condominium associations for injuries suffered in common areas. The subject-case involved a condo owner who slipped and fell on an icy sidewalk outside his unit, resulting in injuries to the condo owner. He proceeded to file suit against the condominium association and its maintenance company in charge of plowing and salting the complex. Plaintiff’s claim alleged the parties failed to properly salt or remove ice from the walkway which resulted in him sustaining injuries.
The trial court initially dismissed the lawsuit, holding that because Plaintiff owned a condominium unit within the complex, he was a co-owner of the land on which he was injured. Thus, he was not on the “land of another” for the purposes of premises liability. However, a recent Michigan Supreme Court decision in Janini v. London Townhouse Condominium Association held that a condominium co-owner was an invitee and could maintain a premises liability action against the condominium association. After applying Janini, the Court of Appeals reinstated the Plaintiff’s premises liability claim, sending it back to the trial court for further proceedings.
The takeaway from this decision is Michigan condominium associations and their insurers now face increased exposure to premises liability claims from their own members. Condominium boards and property managers should ensure they are frequently reviewing maintenance procedures, snow and ice removal policies, and contracts with vendors to ensure they can demonstrate reasonable care if a similar claim arises.
Read entire case at: Ronald Byzewski v. Shelby Woods North Condominiums Association
About Alexander & Angelas, P.C.
Attorney Peter A. Angelas represents defendants in civil liability litigation across Michigan. His practice areas include insurance defense litigation, premises liability, motor carrier (trucking) defense, corporate and commercial litigation, construction defect litigation, auto negligence, insurance coverage disputes, emergency casualty response services, alternative dispute resolution, subrogation claims, workers’ compensation, employment law, and liquor liability.
Mr. Angelas practices in all state and federal courts in Michigan, including Wayne County (Detroit), Macomb County (Mount Clemens), Oakland County (Pontiac), Washtenaw County (Ann Arbor), and Genesee County (Flint).
A 24/7 Emergency Hotline is available (800-219-0007) for trucking and insurance company clients. When an accident requires an immediate response to protect evidence, members of the firm quickly launch an investigation with the assistance of well-qualified accident investigators, crash re-constructionists, mechanical engineers, civil evidence photographers, and independent adjusters positioned throughout Michigan.
