The 50-year-old woman was bringing her garbage to the apartment complex’s dumpster when she slipped and fell on ice, sustaining an injury to her ankle. The lawsuit was filed on behalf of the client against the property company, Madison Property C. LLC, as well as the apartment complex, Depsly Pontrail Apartments LLC.
The defendants argued that the area of the fall was the parking lot and that the plaintiff was aware of the wintery conditions outside. However, the woman’s attorney was able to successfully prove that the property company and apartment complex were at fault by using photographic evidence and taking depositions of maintenance supervisor and maintenance people.
Under Michigan law, the apartment complex owner has the legal duty to make the premise safe for tenants of the complex and others who are lawfully on the premises. This includes keeping outside sidewalks, parking lots, and steps safe and properly maintained during wintering weather conditions as well. Falls due to snow and ice, broken and defective sidewalks, and defective sidewalks and stairs are quite common.
“If possible, take photographs of the defective or dangerous condition after the fall. This will provide great evidence to prove and win your case later on. The complex may repair the condition after your injury so it is best to take photos before any repairs are performed. This helps to demonstrate the dangerous condition to the judge and jury,” says attorney George Burke.