In Michigan, because the trial and appellate courts seem to favor landlords, it is best to consult a lawyer that regularly handles premises cases to have your fact pattern analyzed and some legal research done to see if you may have a case. The general legal proposition is that landlords have a duty to provide a safe premises for it's tenants. However, they must know of a condition and have an adequate time to remedy the condition for there to be possible liability. Complicating this general premises liability scenario, as aforementioned, is that the Michigan courts have held that any condition that is "open & obvious" takes away the general duty of the landlord to fix/warn of any dangerous condition (of course, this makes little sense, since something that is "o&o" to a pedestrian is also "o&o" to the landlord/premises owner, so their duty should not be obviated and the general principles of comparative negligence should apply - but try and convince the "tort reformers" of that). There are certain exceptions to the o&o doctrine, so that is why your specific facts would need to be plugged into the existing case law for an analysis as to the landlords duty. Generally cases against the snow/ice removal company are also not very viable in Michigan, but again, a bit of research on that issue is also in order. Lastly, and maybe firstly, the statute of limitations for general personal injury cases is 3 years in Michigan, and unless there is some reason to toll it and/or you have filed a case within the 3 years, you are probably too late to file.
Answered on Oct 10th, 2013 at 12:49 PM