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Slip and Fall on Black Ice Considered Open and Obvious Despite Member of Housing Co-Op Neither Owned Nor Possessed Common Areas

Premises Liability / June 10, 2021

“Black ice” may be open and obvious even if it is claimed to be “invisible.” The key is whether there are other factors (i.e., cold weather, melting and re-freezing, snow on the ground, etc.) to raise concerns of possible ice.

MCL 554.139 imposes covenants and duties on landlords who lease or license their property to residential tenants; however, the statute does not require lessors to maintain a common area in the most accessible condition possible.

Further, members of co-ops are not considered co-owners of the property, so they may maintain a premises liability claim against the co-op.

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