Broken and Cracked Sidewalk Injuries

Michigan trip and fall injuries are often the result of broken and cracked city sidewalks. An person injured from this type of sidewalk defect can make a claim due to the city's failure to maintain the sidewalk as required by Michigan Statute MCL 691.1401, et. seq. Defective sidewalk injuries from trip and falls can result in very serious injuries, including but not limited to, bone fractures, hip injuries , back injuries, as well as traumatic brain injuries a/k/a closed head injuries. Our firm has even handled a wrongful death case arising from a fall injury.

When is Governmental Entity Liable For Sidewalk Defects?

Traditionally under Michigan Law, a governmental entity was not liable for a sidewalk defect, if the defect was less than two inches. This was abolished in 1972, but reinstated by the legislature and codified in MCL 691.1402a. Currently, under Michigan law, a discontinuity defect of less than two inches in a sidewalk, trail way, crosswalk, or other installation outside of the improved portion of the highway designed for vehicular traffic raises a rebuttable inference that the municipal corporation maintained the area in reasonable repair for purposes of the highway exception to immunity. MCL 691.1402a. This means that the condition is presumed safe if the there is less than a two inch defect in the walkway, but a claim is not necessarily barred if the drop-off is less than two inches.

Making An Injury Claim For A Trip And Fall Accident On Cracked And Broken Sidewalk

In order to prove a claim against a governmental entity, it must be shown that the governmental entity had notice of the defect and that it existed for at least 30 days. Once an injury occurs as a result of the sidewalk defect, written notice must be given to the governmental entity within 120 days. Failure to provide notice will preclude an injured victim’s claim for damages. The notice shall specify the exact location and nature of the defect, the injury sustained and the names of the witnesses known at the time by the claimant. MCL 691.1404.

Our No Fee Promise For Michigan Slip and Fall Accident Cases

We will represent you in your Michigan slip and fall accident case under our NO FEE PROMISE. This means that you will not be charged any legal fees whatsoever unless we obtain a settlement or recovery for you. You have absolutely no obligation for legal fees unless we win your case. If we do not obtain a settlement for you, you owe us nothing!

Contact A Michigan Trip And Fall Lawyer

Due to the complexities involved in defective sidewalk cases, including the notice provision, it is very important to discuss your case with an experienced lawyer who has won many of these complex cases and hire a Michigan accident lawyer as soon as possible after your injury.

For more information regarding your rights after a Michigan trip and fall accident on cracked or broken sidewalk, call us now at (800) 606-1717 to speak with one of our Michigan Trip and Fall Accident Lawyers about your case, or simply submit this contact form  and we will get back to you quickly.

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