Misiulis v. Milbrand Maintenance Corp.
52 Mich. App. 494, 1974 Mich. App. LEXIS 1062, 218 N.W.2d 68 (1974)
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Rule of Law:
A landlord has a non-delegable duty to keep the premises reasonably safe and is therefore vicariously liable for the negligence of an independent contractor hired to make repairs, when that negligence causes personal injury to a foreseeable business invitee of a tenant.
Facts:
- Defendants Fastenberg owned a shopping center managed by defendant Woodsmall.
- The owners hired Milbrand Maintenance Corporation, an independent contractor, to repair a roof on one of the stores.
- The contract required Milbrand to keep construction debris cleared so as not to interfere with tenants or customers.
- Milbrand placed a four-foot-high pile of gravel and debris on a paved roadway in the shopping center's parking lot.
- On the night of May 2, 1968, the plaintiff visited a bar located in the shopping center.
- After leaving the bar, the plaintiff drove his motorcycle with a passenger through the parking lot, which was unlit in the area of the debris.
- The plaintiff, traveling at approximately 20 miles per hour, struck the pile of debris, which he testified was difficult to see as it blended with the surroundings.
- The plaintiff lost control of the motorcycle and fell, sustaining a fractured kneecap and other abrasions.
Procedural Posture:
- The plaintiff sued the shopping center owners (Fastenberg), the manager (Woodsmall), and the independent contractor (Milbrand Maintenance Corporation) in a state trial court.
- At trial, the defendants' motions for a directed verdict, made after the plaintiff's opening statement and renewed twice, were all denied by the trial court.
- A jury returned a verdict finding the defendants jointly and severally liable and awarded the plaintiff $12,000 in damages.
- The defendant owners and manager (appellants) appealed the trial court's judgment and its denial of their motions for a directed verdict to the intermediate appellate court.
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Issue:
Is a landlord vicariously liable for personal injuries sustained by a tenant's business invitee that are caused by the negligence of an independent contractor hired by the landlord to make repairs on the premises?
Opinions:
Majority - McGregor, P. J.
Yes, a landlord is vicariously liable for the negligence of an independent contractor that injures a tenant's business invitee. While the general rule shields a contractee from liability for an independent contractor's negligence, there is a key exception for non-delegable duties. The court holds that a landlord's duty to maintain the premises in a safe condition during repairs is a non-delegable duty owed not only to tenants but also to their foreseeable business invitees. This conclusion is based on policy considerations, including the foreseeability of the risk, the landlord's economic benefit from the enterprise, and the landlord's superior ability to absorb and distribute the loss. The court extends the existing Michigan precedent, which held landlords liable for property damage to tenants under similar circumstances, to now include personal injuries to business invitees.
Analysis:
This decision significantly expands landlord liability in Michigan by establishing that the duty of care during repairs is non-delegable, even for the protection of third-party invitees. It aligns Michigan law with the modern trend and authorities like the Restatement of Torts, preventing commercial landlords from insulating themselves from liability by hiring independent contractors. The ruling emphasizes a policy of placing the ultimate responsibility for safety on the party who operates and benefits from the commercial enterprise, thereby creating a stronger incentive for property owners to ensure their contractors perform work safely.
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