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Plaintiff Slipped on Pool Steps – Owner Must Comply With Local Health and Safety Laws

Premises Liability / September 24, 2020

Sedlecky v Sun Communities, Inc. , unpublished opinion per curiam of the COA, issued August 20, 2020 (Docket No. 348520),, held that a residential landlord must comply with local health and safety laws with regard to common areas. Normally, local health and safety laws do not create a duty, but MCL 554.139 requires them to be followed by residential landlords.

Sedlecky further demonstrates that in a motion for summary disposition pursuant to MCR 2.116 (C)(10), the evidence must be considered in the light most favorable to the non-moving party. Plaintiff had presented evidence that created a genuine issue of material fact with regard to the cause of Plaintiff’s fall and whether the common area was fit for its intended use.

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