The responsibilities of condominium associations and HOAs to the general public for slip and fall accidents that occur on their property depend on several factors. The most crucial factor is whether the injured person is a condo owner or a guest. The law has recently changed for condo associations and HOAs in slip-and-fall cases in Michigan. The Michigan slip and fall lawyers at the Lee Steinberg Law Firm have handled these delicate cases for injured condo owners for decades, obtaining huge settlements for our clients. We can walk you through the process.
What Responsibilities Do Condo Associations in Michigan Have For a Slip and Fall?
For about a decade, Michigan courts held that the condominium association did not owe a duty of reasonable care to co-owners using common areas, like walkways, stairs, and parking lots. This meant if a member of the condo association or HOA was injured on the property, they could not file a lawsuit against the association, even if the association was negligent in preventing the dangerous condition.
However, recently, the Michigan Supreme Court in Janini v. London Townhouses Condo Ass’n overturned Michigan case law, holding that condominium associations do, in fact, owe a duty of care to co-owners, just like they do to the general public.
Condo Associations Can He Held Liable for Slip and Fall Accidents
After the Janini case, condo associations can now be held responsible for injuries in a common area, such as a parking lot or sidewalk. This includes injuries sustained by fellow members or co-owners of the association in slip-and-fall accidents.
Why Are Condo Associations Responsible For the Injuries of Co-Owners?
Condominium associations are now responsible for co-owners’ injuries in a common area because co-owners are considered invitees, not owners or licensees, concerning those areas.
The Court emphasized that while co-owners have an ownership interest in common areas, they do not possess or control them. Instead, the condominium association maintains control and is responsible for maintenance.
A co-owner is an invitee on the common elements of a condominium because:
- They cede control of the common areas to the association.
- They pay dues to the association for maintenance.
- The association has exclusive control and maintenance obligations under the bylaws.
Because the condo association controls the property, it owes a duty of care to its members, regardless of ownership. The same rule applies to landlords and property managers tasked with maintenance duties.
Can I Sue My HOA for a Slip and Fall?
Yes, just like a condo member can sue their Association for negligence that led to an injury, a Home Owners Association (HOA) member can sue the HOA for negligence if an injury occurs on the property.
However, like all slip-and-fall cases, the injured plaintiff must prove the HOA was negligent or failed to exercise reasonable care to protect co-owners from dangerous conditions in these common areas. If the injured person fails to prove this, they cannot obtain compensation for their injuries.
In addition, the plaintiff must show that the defendant HOA was at least 50% at fault for their injuries. If a jury finds the plaintiff was more than 50% at fault for their own injuries, the HOA is not responsible for paying for pain and suffering.
The Michigan slip and fall lawyers at the Lee Steinberg Law Firm specialize in ice and snow slip and fall cases. We have obtained tens of millions for our clients due to the negligence of HOAs, condo associations, and landlords for the injuries caused by their negligence.
Are Condo Associations Liable for Slip and Falls Due to Ice and Snow?
Yes, condominium associations must exercise reasonable to protect co-owners from dangerous conditions in a common area, such as ice and snow. Failing to promptly remove or reasonably lessen the danger imposed by ice and snow can result in civil liability to the association if an injury occurs on the property.
This situation was recently reviewed by the Michigan Court of Appeals in Fowlkes v. The Abbeys of Westland Condo Assn’ (docket no.366609, published 5/13/2025). In Fowlkes, a condominium co-owner slipped and fell on a mound of snow and ice in a common area (sidewalk) of her condo complex. She filed a lawsuit against the condo association and its snow removal contractor for negligence and premises liability.
The Court found the condominium association owed a duty of reasonable care to the plaintiff co-owner. In this case, the Association had possession and control over the sidewalk per the master deed. Therefore, it was responsible for removing ice and snow. The plaintiff testified that a mound of snow blocked the sidewalk, causing her to fall. Because the association owed the co-owner a duty, the plaintiff could present her case to a jury.
Can the Association Delegate Their Duty to a Snow Removal Company?
No. The Court in Fowlkes ruled the Association’s responsibility for sidewalk maintenance and snow removal (as stated in the master deed) constitutes a contractual obligation. Delegating this duty to a snow removal company by contract did not absolve the Association from liability – especially when the co-owner never agreed to waive enforcement of that obligation.
Can the Condo Association Sue the Snow Removal Company?
Yes, a condominium association can sue the snow removal company to share the responsibility for the plaintiff’s injuries. This is called a negligence performance of the contract claim. However, the condo association and the plaintiff must prove the snow removal company created a dangerous condition when it performed its duties. In other words, they must show the snow removal company created the hazardous mound that caused the plaintiff’s injuries.
If the Association or the injured plaintiff fails to prove the snow removal company created a new hazard, no liability will attach to the snow removal company. This is true even if the snow removal company fails to show up and perform the ice and snow removal duties it was hired to do.
What Can an Injured Condo Owner Sue For After a Slip and Fall?
After a slip-and-fall accident, an injured condo owner can sue the condo association for negligence. The condo owner can sue for these damages, including economic and non-economic damages.
Economic damages include things like:
- outstanding medical bills
- future medical expenses
- past lost wages
- future lost wages and loss of earning capacity
- out-of-pocket costs, and
- other similar items.
Non-economic damages include physical pain and suffering, emotional distress, anxiety and depression caused by the injuries, and expected pain and suffering into the future.
What Defense Can Condo Associations and HOAs Use to Fight Slip and Fall Cases?
There are a number of defense condo associations, HOAs, and their attorneys can utilize to fight personal injury claims brought by co-owners and members. It is important to hire a law firm that understands these defenses and knows how to right back. They include:
- Open and Obvious – Condo associations will argue the snow and ice was there to be seen by the plaintiff, and therefore “open and obvious.” Although this defense no longer results in automatic dismissal of a lawsuit, it is a powerful defense. A condition is open and obvious if “an average person with ordinary intelligence would have discovered it upon casual inspection.”
- Comparative Negligence is the plaintiff’s negligence in causing their own injury. If a plaintiff is deemed more than 50% at fault or negligent, they cannot obtain compensation for pain and suffering.
- Release or Waiver Agreement – If you signed a release or waiver agreement when moving into the community, it could be used against you. The HOA may argue you gave up your right to hold them accountable for the injuries related to those activities.
- Statute of Limitations – There is a time limit to filing a lawsuit against the condo association or HOA. Under Michigan law, an injured person has 3 years from the incident date to file a lawsuit in court against the proper defendants. Failing to do this will result in your case getting dismissed.
- Lack of Notice – The condo association or HOA must have known, or should have known, of the dangerous condition (the snow and ice) and had enough time to fix it or warn the public. Just because snow and ice were in the parking lot does not mean the HOA is automatically liable. The snow and ice must have existed for a long enough period of time for the HOA to remove or remediate the danger.
Having an Experienced Slip and Fall Attorney Will Help You Sue a Condo Association
Hiring an experienced Michigan slip and fall law firm with decades of experience is critical when suing a condo association or HOA. These complex cases involve contract issues and complicated case law and statutes. The condo association and HOA will have a team of lawyers and insurance adjusters working on their side. You must be protected and have a great slip-and-fall law firm working for you.
A skilled Michigan condo association accident law firm will protect your rights and help obtain compensation by doing the following:
- Investigate Liability – Our team will visit the scene, obtain photos and video surveillance, take witness statements, gather maintenance records, and collect other evidence to establish liability on the Association or HOA.
- Prove Injuries and Damages – we work with our clients to show the defendant and insurance company the injuries our client sustained, how the injuries have impacted their lives, what activities they are limited or cannot perform, and how the injuries impacted family members and friends.
- Hire Expert Witnesses – Our firm hires expert witnesses to help establish liability and prove the condo’s negligence caused our client’s injuries. Liability experts can explain what construction or maintenance codes were broken. A medical expert can explain how the injury occurred and the prognosis for recovery. A medical expert can explain how the injury occurred and the prognosis for recovery.
- Litigation – Our team of slip-and-fall lawyers works tirelessly during litigation to prove our clients’ cases. We have experience arguing your case before a judge and jury.
- Maximize Compensation – The ultimate goal of our firm is to get you the most compensation possible. This is accomplished through skilled legal work and strong client communication.
Our Condo Owner Slip and Fall Lawyers Are Ready to Fight For You
When you or a family member has suffered injuries due to the negligence of a condo association or HOA, it is essential to find the best representation. Let us use our years of experience and expertise to help you.
The attorneys at the Lee Steinberg Law Firm will be with you throughout your case. We will fight for the monetary compensation you deserve.
Call us for a free consultation at 1-866-696-9146, or complete a contact form today.