Tripped On Broken Sidewalk In Ann Arbor
Our Ann Arbor trip and fall lawyers represent clients who have sustained injuries due to falls. Surprisingly, many of these victims suffer these injuries due to broken sidewalks. Sidewalks many times have potentially dangerous cracks, holes, or uneven slabs that present serious fall hazards to pedestrians. It is not uncommon for someone to accidentally stumble and trip due to these defects and receive a serious injury.
A person injured from a broken sidewalk can make for injuries suffered due to a fall caused by this defective condition. Under Michigan law, a claim due to the city’s failure to maintain the sidewalk can be made when the municipality violates required by Michigan Statute MCL 691.1401, et. seq.
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.
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.
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 choose your Michigan accident lawyer as soon as possible after your injury.
If you or someone you know sustains serious injuries from a broken sidewalk, you do have legal rights and should contact a lawyer immediately. The experienced Ann Arbor lawyers of Buckfire & Buckfire, P.C. handle trip and fall cases frequently and represent clients under our NO FEE promise. Call our office at (800) 606-1717 for a free consultation with one of top-rated attorneys about your case.
