Trip & fall on a step; Premises liability; Negligence; Open & obvious danger; Lugo v. Ameritech; Special aspects; Hoffner v. Lanctoe; Whether the danger was effectively unavoidable; Wilson v. BRK, Inc.; Statutory liability under the Condominium Act (MCL 559.101 et seq.); MCL 559.241; MCL 554.139; Compliance with local law, ordinances, & regulations; MCL 559.241(1), Whether the condo was a dangerous building under the Housing Law of Michigan (MCL 125.401 et seq.); MCL 125.536(1), 538, & 539; Michigan Construction Code (MCC)

The court held that the trial court properly dismissed plaintiff’s common-law premises liability claim, but failed to properly address her statutory claim. Plaintiff sued defendants-condo association, management group, and condo owner for injuries she sustained when she tripped and fell on a porch step. The trial court granted summary disposition for defendants. On appeal, the court rejected her argument that “special aspects” existed removing the case from the open and obvious danger doctrine because the porch step was effectively unavoidable, noting the step “was not effectively unavoidable because plaintiff was not forced or compelled to encounter” it. The court next addressed her claim that the open and obvious danger doctrine did not apply because a statutory duty existed under the Condominium Act, and the step violated MCL 559.241 by exceeding the maximum height allowed by the MCC, which had been adopted by the city. It found that that “the proper approach is to remand this case to the trial court for the court to address the issue as it should have done in the first instance." It directed the trial court, “either from the bench or in a written opinion, to substantively address, analyze, and resolve” the issue, taking into account Wilson, “along with any relevant statutory or caselaw” and allowing “the parties to submit supplemental briefs.” Affirmed in part, reversed in part, and remanded.