The crack/hole was located just in front of the entrance door and was not "open and obvious upon casual inspection" as it was the size of about 6 inches x 4 inches-they patched it up within 48 hours. The doctors said I have a torn/damaged tendon in my ankle. I am in a lot of pain.
I can't tell how strong it is at this point, but it seems that you probably have a viable claim. Consult with a local personal injury attorney to pursue.
It appears that you have a claim. How strong it is will be determined on whether a reasonable person would find that the condition was open and obvious. I know that you say it is not but I am sure Target will say it was. You may be able to defeat the doctrine because of where the crack was. It is best to talk to an attorney.
It's hard to say whether you have a strong case without discussing the situation in greater detail, but it'd be worth sitting down for a free consultation. Given the brief nature of some statutory notice provisions, I suggest that you contact an attorney immediately. You can find a competent attorney using AVVO's "Find a Lawyer" feature above. I hope this helps. Take care.
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You may well have a viable claim so that I suggest you contact a MI licensed personal injury attorney for a free consultation.
No information provided in response to these questions can be relied upon in any way without further personally consulting with Attorney Kerrigan and Attorney Kerrigan consulting personally with you regarding your specific legal situation.
Do you have a photograph of the defect?
Always consult an attorney IMMEDIATELY as there are time limitations on filing a lawsuit.
You may have a case, but I'm not sure against whom. Usually, the property owner has a non delegable duty to maintain safe premises. Like every other state, Michigan will have a rule for adjoining landowners' liability for dangerous conditions on the adjoining public sidewalk. Make sure you know exactly where you fell and what you fell on and be able to identify the place. The fact that they patched it up is not generally admissible in court. This fact may be admissible in Michigan insofar as it goes to proof of ownership or control of that part of the sidewalk.
I am a co-author of WEITZ ON AUTOMOBILE LITIGATION: THE NO FAULT HANDBOOK. The opinions expressed in this answer are not intended to be taken as legal advice. These opinions are based on New York practice. I may be contacted at 212-553-9300.
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