Condition is unavoidable on a common front porch; case reaches settlement
On Jan. 28, 2012, plaintiff exited the front door of her apartment at defendant's Apartments. The front door was the only way in and out of the unit. She found that the entire porch area was wet. In addition to wintry weather conditions, the overhang above the porch showed visible signs of damage and regularly leaked.
As she approached the steps leading down from the porch, she slipped on a patch of ice, suffering fractures of her right tibia and fibula which required surgical repair.
Maintenance employees for the complex testified that they failed to salt the common porch area, despite acknowledgment of their responsibility to do so. In addition, Plaintiff argued that the icy condition on the building’s common front porch was unavoidable, and that even without regard to any statutory landlord duties, the open and obvious doctrine did not apply.
Type of action: Premises liability
Type of injuries: Fractured right tibia and fibula
Court/Case no./Date: Oakland County Circuit Court; 12-126966-NO; March 27, 2013
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