Staircase & Stairwell Falls
Staircase and Stairwell Fall Attorneys in Michigan
Staircase falls are responsible for some of the worst injuries we see in premises liability cases. A broken handrail, a missing step tread, poor lighting in a stairwell, or ice on exterior stairs can send someone tumbling down a full flight — and the result is often traumatic brain injuries, spinal fractures, broken hips, and in some cases, death. These aren't minor incidents, and the property owners responsible for maintaining safe stairways know it.
Koussan Law represents staircase and stairwell fall victims throughout Michigan. We go after building owners, property managers, and maintenance companies who let dangerous stairway conditions persist.
Michigan Premises Liability and Building Codes
Under MCL § 600.2949a, property owners owe invitees a duty to maintain reasonably safe conditions, and that absolutely includes stairways. Michigan Building Code (based on the International Building Code adopted under MCL § 125.1504) sets specific requirements for stairway construction: riser height uniformity (maximum 7.75 inches), tread depth (minimum 10 inches), handrail requirements (34-38 inches high, graspable profile), adequate lighting, and non-slip surfaces.
Building code violations are strong evidence of negligence. When a landlord's stairwell has no handrail, uneven risers, or burned-out lighting, and a tenant falls, those code violations establish that the property wasn't reasonably safe. We hire building inspectors to document every violation.
Common Staircase Hazard Scenarios
The staircase fall cases we handle typically involve broken or missing handrails in apartment buildings and commercial properties, worn or torn carpet on stairs creating trip hazards, uneven riser heights that disrupt the walker's natural stride, inadequate or no lighting in interior stairwells (common in older Detroit apartment buildings), ice and snow on exterior stairs at commercial properties and apartment complexes, wet or recently mopped stairs with no warning signs, loose or broken stair treads, and missing nosing strips that prevent slips.
The Open-and-Obvious Defense
Property owners always raise this: "The stairway condition was open and obvious — the plaintiff should have seen it." But Michigan courts have consistently held that the open-and-obvious doctrine has limits. A dark stairwell is dangerous precisely because you can't see the hazard. An exterior staircase with black ice isn't "obvious" when the ice is invisible. And even if a hazard is visible, if the staircase is the only way to access an apartment or building floor, the hazard is "effectively unavoidable," which defeats the defense.
Landlord Liability
Michigan landlords have specific obligations under the landlord-tenant relationship. Common areas — including stairwells, hallways, and exterior stairs — are always the landlord's responsibility, not the tenant's. Under MCL § 554.139, landlords must keep rental premises and common areas fit for their intended use. A stairwell that's been missing a handrail for six months is not fit for its intended use.
Statute of Limitations
The statute of limitations for a staircase fall injury is three years under MCL § 600.5805. But stairway conditions change — property owners repair hazards after someone falls. We document everything immediately: photographs, video, building inspection records, and maintenance logs.
If you were injured in a staircase or stairwell fall in Michigan, call (313) 800-0000 for a free consultation. We'll inspect the stairway, document the hazards, and hold the property owner accountable.
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