.svg)
.png)
It’s a familiar scene across Metro Detroit: the sun hasn’t yet risen, and the streets are lined with neighbors bundled up against the cold, shoveling heavy snow before heading to work. Children tread carefully toward the bus stop, while cars inch down driveways slick with overnight frost. The beauty of Michigan’s winter mornings is undeniable — but beneath the snow, danger often lurks.
Icy sidewalks, frozen steps, and unshoveled walkways can turn a peaceful morning into an emergency in seconds. A quick slip on a hidden patch of ice can cause severe injuries, from broken bones to head trauma — and often, the first question that arises afterward is:
While shoveling and salting are part of everyday winter life here, liability isn’t always as straightforward as it seems. The answer often depends on who owns, leases, or maintains the property — and sometimes even the city itself plays a role. A homeowner might assume they’re covered, a tenant may believe it’s the landlord’s job, or a pedestrian may not know if the sidewalk is considered public or private.
These uncertainties make it crucial for both property owners and injury victims to understand their legal rights and responsibilities when snow and ice cause harm.
Michigan Law on Snow & Ice: The Duty to Maintain Safe Premises
In Michigan, property owners and occupiers have a legal duty to maintain reasonably safe conditions for people who are lawfully on their property — whether that’s a guest visiting a home, a customer entering a store, or a pedestrian using a sidewalk adjacent to private property. This legal obligation is governed by Michigan’s premises liability laws.
Historically, Michigan courts applied what’s known as the “natural accumulation” rule. Under this old standard, property owners generally weren’t liable for injuries caused by naturally occurring snow and ice, because those conditions were considered a normal part of living in Michigan. However, this rule often left injured victims without recourse — even when the property owner clearly failed to take reasonable steps to prevent harm.
In recent years, Michigan Supreme Court decisions have narrowed that defense, recognizing that property owners can and should take steps to minimize foreseeable dangers. Now, owners are expected to act reasonably under the circumstances — for example, by clearing, salting, or warning about icy areas where people are likely to walk.
This duty applies to key pedestrian areas such as:
- Driveways and parking lots
- Sidewalks and walkways leading to buildings
- Steps, porches, and entryways
In addition, the long-standing “open and obvious” doctrine — which once allowed property owners to avoid liability for hazards that were visible or should have been noticed by the victim — has also been reconsidered. Courts now look beyond whether a condition was visible, focusing instead on whether the danger was unreasonably unsafe and whether the property owner could have anticipated the harm.
Landlord vs. Tenant Responsibilities
When snow and ice start piling up in Metro Detroit, questions often arise between landlords and tenants about who’s responsible for clearing walkways and keeping the property safe. The answer often depends on what’s written in the lease agreement, but Michigan law provides some general guidance for both residential and commercial settings.
Private Residences and Rental Properties
In residential leases, snow removal responsibilities are usually outlined in the rental agreement.
- If the lease includes a maintenance clause, tenants may be required to shovel or salt walkways around their rental unit.
- However, landlords typically remain responsible for common areas, such as shared stairways, parking lots, sidewalks, and entrances. These areas are under the landlord’s control and must be kept reasonably safe for all tenants and visitors.
Even when a lease transfers snow removal duties to the tenant, that doesn’t automatically absolve the landlord of liability. If a landlord retains control over the property or fails to address a dangerous condition that they knew or should have known about, they can still be found negligent.
For example, if a tenant slips and falls on unshoveled apartment stairs that the landlord controls — especially if those stairs have been unsafe in the past — the landlord may still be legally responsible for the injury.
Commercial Properties
For businesses, the duty to maintain safe premises is even higher. Commercial property owners and business operators are expected to ensure that all walkways, parking lots, and building entrances are free from unreasonable snow and ice hazards.
Neglecting to remove snow or ice promptly can lead to premises liability claims, especially if customers, delivery drivers, or employees are injured. Importantly, hiring a snow removal contractor does not automatically protect the business from liability. If a contractor fails to perform their duties properly, both the contractor and the property owner may be held responsible.
In these cases, documentation becomes critical evidence. Businesses should keep detailed:
- Salt logs and snow removal records,
- Maintenance schedules, and
- Contractor agreements showing when and how snow and ice were addressed.
These records can help demonstrate that the property owner took reasonable precautions — or, if neglected, reveal clear negligence that supports an injury victim’s case.
City and Municipal Responsibilities
When a slip-and-fall happens on a public sidewalk, liability becomes more complicated. Typically, cities and towns are responsible for maintaining public sidewalks, but many municipalities in Metro Detroit have ordinances that shift part of that responsibility to adjacent property owners.
For example, in cities like Berkley, Royal Oak, and Ferndale, homeowners and business owners are required by local ordinance to shovel and salt the sidewalks in front of their properties. Failure to do so can result in a citation or fine, though the city may still share responsibility in certain circumstances.
These local laws create a shared responsibility:
- Property owners must clear snow and ice promptly to protect pedestrians.
- Municipalities remain responsible for structural issues, such as broken concrete, uneven pavement, or poor drainage that causes recurring ice buildup.
Governmental Immunity and Filing Deadlines
Under Michigan’s governmental immunity laws, cities and municipalities are generally protected from liability unless the sidewalk defect meets a specific threshold — often called the “two-inch rule.” If the uneven area or defect is less than two inches in height difference, it may not meet the legal standard for a claim.
However, if the defect does meet the threshold, or if the city had notice of the hazard and failed to fix it, they can be held liable for resulting injuries.
Victims should be aware that claims against municipalities have strict time limits — typically requiring written notice within 120 days of the accident. Missing this deadline can result in losing the right to pursue compensation entirely.
How Comparative Fault Affects Michigan Snow & Ice Claims
Michigan follows a modified comparative fault rule, which allows injury victims to recover compensation even if they’re partially at fault — as long as they are less than 50% responsible for the accident.
This means that even if a victim’s footwear, attention, or actions played a small role in the fall, they can still recover damages for medical expenses, lost wages, and pain and suffering, reduced only by their percentage of fault.
For example: A person wearing shoes without traction may be found 10% at fault, but the property owner could still be 90% liable for failing to clear obvious ice or snow.
Insurance companies often exaggerate a victim’s fault to avoid paying full compensation. That’s why it’s critical to have a knowledgeable legal team on your side.
At Liss, Shapero & Mitnick, our attorneys have successfully overcome shared-fault arguments and insurance denials in countless winter slip-and-fall cases. We know how to prove when a property owner’s neglect — not a victim’s mistake — was the true cause of an injury.
Injured on a Snowy Sidewalk? Know Your Rights Under Michigan Law
Determining who is responsible for sidewalk snow removal isn’t always easy. Between landlords, tenants, and city ordinances, liability depends on who controlled and maintained the property — and whether they took reasonable steps to keep it safe.
If you’ve been injured on a snowy or icy walkway, Liss, Shapero & Mitnick can help you uncover the facts, identify the negligent party, and recover the compensation you need for medical bills, lost income, and pain and suffering.
Our attorneys act quickly to preserve evidence, photograph unsafe conditions, and gather witness statements before the snow — and the proof — disappears. Evidence melts away as quickly as ice, so it’s critical to contact a lawyer as soon as possible after your accident.
📍 Liss, Shapero & Mitnick
2695 Coolidge Highway
Berkley, MI 48072
📞 248-584-1300 | Toll-Free: 1-855-LISS-LAW (547-7529)
Your Rights First. Your Story Matters.