I. BRINGING A CLAIM AGAINST A CITY OR TOWNSHIP FOR A TRIP AND FALL INJURY ON A BROKEN, CRACKED OR RAISED PUBLIC SIDEWALK
In Michigan, cities and townships are required to maintain safe public sidewalks adjacent to public roads. Broken, cracked or raised public sidewalks are required to be reasonably safe and convenient for public travel. If a person is injured by a broken or raised portion of sidewalk, s/he may bring a claim for damages against the city or township were the injury occurred.
II. REQUIREMENTS BEFORE BRINGING A LAWSUIT
In order for a person to qualify for damages after sustaining an injury on an unsafe public sidewalk, s/he must notify the city or township of their injury within 120 days. The notice letter must specify the location and nature of the defect, the type of injury sustained, and the identity of any witnesses to the accident. The notice must be served on the applicable city or county official by certified mail, return receipt requested.
III. STATUTE OF LIMITATIONS
Assuming that the proper notice is provided timely, a person may then bring a lawsuit against the city or township for the injuries and any property damage sustained in the accident. The lawsuit must be filed within 2 years of the date of the accident or the claim will be forever barred by the Statute of Limitations.
