The Michigan Supreme Court has issued a significant ruling in the case of Bowerman v. Red Oak Management Co., Inc. The court decided on July 20, 2026, that there are genuine issues of material fact regarding negligence claims against Westveld Services, LLC, and a breach of covenant by Red Oak Management. This decision could impact how property management companies maintain common areas in residential properties, particularly those housing vulnerable populations.
The case arose when Jan Bowerman, a resident of Stanton Park Apartments, sustained an injury after stepping into an uncovered trench near the trash-disposal area of the parking lot. The trench was created by Westveld Services while replacing concrete in the area. Bowerman, who is 75 years old, was taking out her trash before sunrise on October 30, 2021, when she fell and fractured her ankle. This incident has raised questions about the responsibilities of property managers and contractors in maintaining safe environments.
Background
Jan Bowerman filed a lawsuit against Red Oak Management Co., Inc., Westveld Services, LLC, and Bob’s Asphalt & Paving, Inc. after her injury. Red Oak managed the Stanton Park Apartments, which is specifically designed for elderly and disabled individuals. Westveld was contracted to replace the concrete around the dumpster, which led to the creation of the trench. Testimony indicated that the trench remained uncovered and unmarked for weeks after the work was completed.
Bowerman's complaint alleged that Red Oak breached its duty to keep common areas fit for their intended use, as outlined in Michigan law (MCL 554.139(1)). She also claimed that Westveld was negligent for failing to correct the trench or provide adequate warnings. The trial court initially ruled in favor of the defendants, stating that the trench was an open and obvious hazard and that Red Oak had not breached its duty because the trash area remained accessible.
The Ruling
The Michigan Supreme Court, in a ruling authored by Justice Noah P. Hood, reversed the lower court's decision. The court found that there were genuine issues of material fact regarding whether Westveld breached its duty of care by leaving the trench uncovered and unmarked. The court stated, "Viewing the evidence in the light most favorable to Bowerman, reasonable persons could conclude that Westveld personnel created an unreasonable risk of harm by digging the trench and leaving it uncovered and unmarked upon their departure from Stanton Park."
Additionally, the court ruled that Red Oak had a statutory duty to maintain the trash-disposal area in a condition fit for its intended use. The justices noted that the fitness of the common area must consider the specific needs of elderly and disabled tenants. The court emphasized that the trench posed a potential hazard that could render the area unfit for its intended use.
Impact
This ruling could have significant implications for property management companies and contractors in Michigan. It clarifies the responsibilities of property managers to ensure that common areas are safe, especially in residential buildings occupied by vulnerable populations. The decision also highlights the distinction between premises liability and ordinary negligence, which may influence how similar cases are approached in the future.
Furthermore, the ruling sets a precedent that could affect how courts interpret the statutory obligations of property managers under MCL 554.139. The court's decision to reverse the lower court's ruling indicates that property managers must take proactive measures to ensure safety in common areas, particularly when dealing with conditions that could pose risks to tenants.
What's Next
The case has been remanded to the trial court for further proceedings, allowing Bowerman's claims against Red Oak and Westveld to be heard. There is no indication that the case will be appealed further at this time, but the implications of the ruling will likely be closely monitored by legal experts and property management professionals.