Broken Handrails, Defective Railings and Broken Stairs: Michigan Landlord Injury Claims
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Broken Handrails, Defective Railings and Broken Stairs: Michigan Landlord Injury Claims
When you rent a home, apartment or condo, you expect the landlord or property manager to keep up with maintenance and repairs. If a landlord or maintenance worker is told about a dangerous condition, such as a broken handrail, a loose railing, broken stairs or a damaged porch or steps, they must fix it. If they don't, they can be held liable for the injuries that follow.
Falls caused by defective railings, rotted decks and broken steps often lead to serious injuries, including broken bones, back and neck injuries and head trauma. These cases require special attention from an experienced Michigan personal injury lawyer. Contact a lawyer who handles landlord-tenant injury cases quickly so evidence can be preserved before the landlord makes repairs.
Can You Sue Your Landlord for a Broken Handrail, Railing or Stairs?
Yes, in many cases. Michigan law gives tenants a direct claim against a landlord who fails to keep the property in reasonable repair or fit for its intended use. To win a broken handrail or broken stairs lawsuit, you generally need to show:
- The handrail, railing, stairs, porch or deck was defective or in disrepair
- The defect made that part of the property unfit for its intended use, or the landlord failed to keep it in reasonable repair
- The defect caused your fall and your injuries
Proof that you or other tenants reported the problem makes a case much stronger. However, a 2025 Michigan Court of Appeals decision held that a claim under MCL 554.139 does not have a notice requirement (McNeal v. Lincolnshire 2007 Ltd Dividend Housing Ass'n, LLC, Docket No. 370549, October 23, 2025). These statutory protections are also in addition to any common-law premises liability claim you may have.
Knowing about the hazard doesn't automatically end your case either. Since Kandil-Elsayed v. F & E Oil, Inc, 512 Mich 95 (2023), whether a danger was open and obvious goes to comparative fault, not whether the landlord owed you a duty. Your compensation may be reduced by your share of fault. Learn more about Michigan's modified comparative fault rule.
For a broader overview of the process, see our guide on how to sue your landlord for injuries in Michigan.
The Landlord's Duty to Repair Under MCL 554.139
Under MCL 554.139, every Michigan residential lease includes promises from the landlord to the tenant. First, the landlord must keep the premises in reasonable repair during the term of the lease (MCL 554.139(1)(b)). Handrails missing screws or bolts, steps that are rotting and soft, and porches that are about to give way must be repaired.
The same subsection also requires the landlord to comply with the applicable health and safety laws of the state and of the local city, township or village where the property is located. The only exception is when the disrepair or violation was caused by the tenant's own willful or irresponsible conduct.
Second, the landlord must keep the premises and all common areas fit for the use intended by the parties (MCL 554.139(1)(a)). Common areas are the parts of the property the landlord controls that are shared by two or more tenants, such as stairwells, walkways and parking lots. The reasonable repair promise does not apply to common areas, but the Michigan Supreme Court has made clear that landlords may still have to make repairs to keep those areas fit for their intended use.
These protections apply even if you saw the problem before signing your lease. The statute says a tenant's chance to inspect the property beforehand does not take away the right to these covenants, and the law must be liberally construed (MCL 554.139(3)). One thing to check: if your lease has a term of at least one year, the landlord and tenant are allowed to modify these obligations in the lease (MCL 554.139(2)), so the wording of your lease matters.
What “Fit for the Use Intended” Means for Handrails, Stairs and Porches
The law does not require a landlord to keep a common area in ideal condition, only in a condition that makes it fit for its intended use. In Allison v. AEW Capital Management, LLP, 481 Mich 419 (2008), the Michigan Supreme Court held that a parking lot covered by one to two inches of snow over a layer of ice was still fit for its intended use of parking cars.
In 2026, the Michigan Supreme Court clarified how this test works in Bowerman v. Red Oak Management Co, Inc, ___ Mich ___ (2026) (Docket No. 167718), a case where a 75-year-old tenant broke her ankle in an unmarked trench near her apartment complex's dumpster.
The Court said the question is always whether the common area was fit for the use intended by the parties under the circumstances of the case. A tenant can't win just by pointing to some inconvenience, but a landlord also can't win just by calling a hazard a mere inconvenience. The Court also said fitness is judged in light of the tenants the property serves, which in that case was a building that housed elderly and disabled residents.
Michigan courts have applied the same reasoning to stairs. In Hadden v. McDermitt Apartments, LLC, 287 Mich App 124 (2010), the Court of Appeals held that black ice on a stairway presented more than a mere inconvenience. Steps are meant to be walked on and handrails are meant to be held for balance. When they fail, they were not fit for their intended use.
Common Railing, Stair, Porch and Deck Defects That Cause Injuries
Most injuries in these cases come from conditions a landlord could have found with a basic inspection:
- Loose or wobbly handrails that pull away from the wall or posts when someone grabs them
- Missing screws, bolts or nails on a porch or handrail that cause it to collapse or give way
- Broken or missing railings on stairs, porches, decks and balconies
- Rotted or decaying wooden steps and deck boards that were never replaced
- Damaged porch or concrete steps with missing chunks or pieces
- No handrail at all on a staircase where one is required
Many of these defects also violate local property maintenance codes, which can be important evidence in your case.
Common Injuries From Broken Porches, Decks and Handrails
Falls from broken steps, collapsing porches and failed railings can cause serious injuries, including:
- Broken wrists and elbows
- Broken legs, including the tibia and fibula
- Broken hips and pelvis
- Broken, twisted or sprained ankles
- Low back and neck pain
- Facial injuries and dental damage
- Closed head injuries and traumatic brain injury
Michigan Handrail, Deck and Porch Railing Code Requirements for Rentals
Many Michigan cities and townships have adopted the International Property Maintenance Code (IPMC) into their local ordinances. It sets minimum maintenance requirements for buildings, including apartment complexes and houses. These are the rules most often broken by landlords who ignore loose handrails and rotting porches:
- When handrails and guards are required (IPMC 307.1): every interior and exterior flight of stairs with more than four risers must have a handrail on one side. Every open stair, landing, balcony, porch, deck, ramp or other walking surface more than 30 inches above the floor or ground below must have guards.
- Handrail and guard height (IPMC 307.1): handrails must be at least 30 inches and no more than 42 inches high, measured above the stair nosing or the walking surface. Guards must be at least 30 inches high.
- Handrails and guards (IPMC 304.12): every handrail and guard must be firmly fastened, able to support normal loads and kept in good condition.
- Stairways, decks, porches and balconies (IPMC 304.10): every exterior stairway, deck, porch and balcony, and everything attached to it, must be kept structurally sound, in good repair, properly anchored and able to support the loads placed on it.
- Unsafe conditions (IPMC 304.1.1): exterior stairs, decks, porches, balconies, guards and handrails that are not structurally sound or not properly anchored are treated as unsafe.
Because each city adopts its own ordinances, the exact rules depend on where the rental is located. A lawyer can check which code applies to your property.
How Code Enforcement Works for Detroit Rental Properties
In Detroit, rental properties must be registered and receive a rental Certificate of Compliance. The Property Maintenance Division of the city's Buildings, Safety Engineering and Environmental Department (BSEED) enforces Detroit's Property Maintenance Code and Rental Ordinance. Detroit tenants dealing with broken porch railings, loose handrails or damaged steps can report the condition to BSEED.
Michigan landlords also cannot let unsafe conditions continue. Under MCL 125.536, once a tenant alerts a landlord to a dangerous, unsanitary or unhealthy condition, the landlord must fix the problem. If the landlord fails to do so, the tenant can bring a claim for the injuries, medical bills and other losses that result.
Does a Code Violation Prove Your Landlord Was Negligent?
Not automatically, but it helps. A violation of a city ordinance is not negligence by itself, but it can be evidence of negligence. And because MCL 554.139(1)(b) requires landlords to comply with state and local health and safety laws, a property maintenance code violation, such as a loose handrail, a missing guard or a rotting porch, can be strong evidence that the landlord broke that promise. Inspection reports, violation notices and your own written repair requests can all show that the landlord knew about the problem and did not fix it.
What to Do After a Broken Handrail, Railing or Stair Injury
- Get medical care right away. Some injuries from falls, especially head and back injuries, are not obvious at first.
- Photograph everything. Take pictures and video of the broken handrail, railing, stairs, porch or deck before anything is repaired. Include close-ups and wide shots.
- Report the injury to your landlord in writing. Keep a copy of the email, text or letter.
- Save past repair requests. Earlier complaints about the same railing or steps help show the landlord knew about the danger.
- Don't repair it yourself. The defect itself is evidence.
- Get witness information from neighbors, other tenants or anyone who saw the fall.
- Talk to a landlord-tenant injury lawyer before giving a recorded statement to the landlord's insurance company.
Learn more about preserving evidence after a fall in Michigan.
Frequently Asked Questions
Is a landlord required to have handrails on stairs in Michigan?
In cities that have adopted the International Property Maintenance Code, every flight of stairs with more than four risers must have a handrail on at least one side, and every handrail must be firmly fastened and kept in good condition. Local ordinances vary, so the exact rule depends on where the rental is located.
How high should a deck or porch railing be?
Under the International Property Maintenance Code, decks, porches and balconies more than 30 inches above the ground must have guards at least 30 inches high, and stair handrails must be between 30 and 42 inches high. Your city's ordinance may set its own requirements.
Who is responsible for a broken porch or steps at a rental property?
The landlord. Porches, steps and handrails that are part of your rental must be kept in reasonable repair, and shared porches, stairways and walkways must be kept fit for their intended use under MCL 554.139. If the landlord doesn't fix the damage and you are hurt, the landlord may be liable for your injuries.
Can I sue my landlord if I fell because of a loose handrail?
Yes, if the loose handrail made the stairs unfit for their intended use or showed the landlord failed to make reasonable repairs. Prior repair requests, photos and code violations can make your case much stronger.
How long do I have to file a claim?
In most Michigan personal injury cases, you have three years from the date of the injury to file a lawsuit (MCL 600.5805). Read more about the Michigan statute of limitations for personal injury cases.
Talk to a Michigan Landlord-Tenant Injury Lawyer
If you were hurt by a broken handrail, defective railing, broken stairs or a collapsing porch or deck at a rental property, Lee Steinberg Law Firm can help. For more than 40 years, our attorneys have handled landlord-tenant, premises liability and slip and fall injury cases across Michigan, including in Detroit, Flint, Saginaw, Grand Rapids and Traverse City.
Call 1-800-LEE-FREE (1-866-315-7377) for a free consultation. We never charge anything until we win your case.
