Tenant allowed to sue after fall on icy apartment complex sidewalk
Samuel Solomon's injury case against the Blue Water Village East LLC was allowed to go to the jury based on his claim that the complex did not adequately address ice on a common area sidewalk. Solomon claimed that the complex breached a statute governing landlord's duties to tenants. He claimed it did not "take reasonable measures to ensure that the sidewalks are fit for their intended use" because it failed to remove ice when temperatures rose into the 40s several days after a heavy snowfall.
Solomon fell on a sloped area of walk where the ice re-froze. The Court noted that a previous Supreme Court decision applicable to ice in a parking lot was not directly applicable to icy conditions on a sidewalk, and concluded that Solomon had raised a question of fact for the jury to decide. Compare this decision with the Lowery decision just decided by Judge Bandstra's panel.