The Michigan Supreme Court's decision in Bowerman v Red Oak Management Co., Inc. provides important guidance on both contractor negligence and a landlord's statutory duty to maintain common areas.

The plaintiff, an elderly tenant, was injured after stepping into an uncovered and unmarked trench near the apartment complex's trash-disposal area. The trench had been created during concrete work and remained in place for several weeks without cones, tape, or other warnings.

The Court held that the plaintiff's claim against the contractor sounded in ordinary negligence, not premises liability, because it arose from the contractor's affirmative conduct in creating and leaving the trench unmarked. Whether that conduct created an unreasonable risk of harm was a question for the jury.

The Court also revived the plaintiff's claim under MCL 554.139(1)(a), holding that whether a common area is “fit for the use intended by the parties” must be evaluated in context. That analysis may include the specific purpose of the area, the surrounding conditions, and the characteristics of the tenant population.

Because the apartment complex specifically served elderly and disabled residents, the Court concluded that a jury could find the uncovered trench rendered the trash-disposal area unfit for its intended use—even if tenants could technically walk around it.

Key takeaway: A condition is not necessarily a “mere inconvenience” simply because access remains possible. Michigan courts must evaluate statutory fitness based on the actual intended use of the common area and the people expected to use it.