A resident of an apartment complex fell on an ice covered portion of a sidewalk outside the entrance to her apartment building. The resident subsequently brought an action alleging the defendant apartment complex negligently, carelessly, and recklessly allowed dangerous conditions to exist in common areas of the apartment complex in violation of MCL 554.139.
MCL 554.139 imposes a statutory duty to keep common areas fit for their intended purpose. Plaintiff argued that the ice covered sidewalk made the entrance unfit for its intended purpose. However, the Court disagreed, finding that the sidewalk was fit for its intended use and provided reasonable access to the apartment. The court noted that MCL 554.139 does not require a landlord to maintain common areas in the most ideal conditions. Instead, the common areas only have to be fit for their intended use. In the present case, the sidewalk at issue had only a four to six inch area of ice buildup, which the court determined could easily have been avoided. As such, plaintiff’s case was dismissed. The case is Sandifer v. McKinley, Inc., unpublished Court of Appeals case 332443 decided September 14, 2017.
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