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 Michigan premises liability law, 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 Argument After Kandil-Elsayed

Property owners always raise this: "The stairway condition was open and obvious, the plaintiff should have seen it." It no longer ends the case. In Kandil-Elsayed v F & E Oil, Inc, 512 Mich 95 (2023), decided together with Pinsky v Kroger Co of Michigan, the Michigan Supreme Court overruled Lugo v Ameritech Corp, 464 Mich 512 (2001). The open and obvious nature of a stairway hazard no longer eliminates the owner's duty and is no longer a complete bar to recovery.

The owner still owes invitees reasonable care, and how visible the hazard was is now for the jury to weigh on breach and comparative fault. Lugo's former "special aspects" and "effectively unavoidable" exceptions are no longer the operative test, but the facts that used to be crammed into them still matter, and now they matter to a jury: a dark stairwell is dangerous precisely because you cannot see the hazard, black ice on exterior stairs is not visible at all, and a staircase that is the only way to reach an apartment leaves a tenant no real choice.

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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