Michigan Law Update : Supreme Court Decision on Premises Liability Suits
By: Kopka Pinkus Dolin
The Michigan Supreme Court recently ruled that co-owner plaintiffs can now bring premises liability suits against condominium association defendants in the case of Janini v. London Townhouses Condo. Ass’n, 2024 Mich. LEXIS 1279, 2024 WL 3381445 (July 11, 2024). This is a marked departure from prior case law (Francescutti v. Fox Chase Condo Ass’n 312 Mich App 640; 886 NW2d 891 (2015), which held that such actions were precluded because co-owners were neither licensees nor invitees. The Janini court ruled that co-owner plaintiffs are invitees and are thus entitled to the highest level of protection under premises liability law. The decision creates considerably more potential liability for condominium associations than the previous precedent allowed.
In Janini, the plaintiff co-owner was walking down the complex’s sidewalk when he slipped and fell on snow and ice. He hit his head, resulting in a brain injury. The Supreme Court reviewed the Condominium Act, MCL 559.101 et seq, along with the condominium association’s master deeds and bylaws, and found that where a condominium association is responsible for maintaining the common areas and the co-owners lack possession and control over those common areas, the co-owner is an invitee. Consequently, the association owes the co-owners a duty to exercise reasonable care to protect from dangerous conditions in the common areas. The Janini court further considered the fact that co-owners pay money to the condominium association to maintain the common elements for their own use and enjoyment, and in doing so, cede their own individual authority over the common elements to the association. The Janini court found this relationship akin to a landlord tenant relationship in an apartment complex. As the condominium association had possession and control over land where plaintiff Janini was injured, the Michigan Supreme Court found a duty was owed based on Janini’s invitee status.
What this means for our clients: Condominium associations can now be held liable for co-owners who injure themselves in common law areas that are maintained by the association. Please contact us to further discuss how this opinion may have a direct impact on your business or your insureds.
