The Legal Challenge of Suing a Michigan Municipality
When you trip on a raised concrete slab or cracked walkway maintained by a city, village, or township in Michigan, recovering compensation is fundamentally different from suing a private business. Under the Michigan Governmental Tort Liability Act, local governments enjoy broad governmental immunity. To bring a valid claim, your case must fit directly into a narrow statutory exception: the duty to maintain public sidewalks in reasonable repair.
Municipalities aggressively defend these lawsuits, relying on complex procedural requirements designed to dismiss claims before they ever reach a jury. Understanding these statutory hurdles is essential if you are hurt on public property.
Understanding Michigan's Two-Inch Rule
Under MCL 691.1402a, Michigan law creates a statutory presumption that a municipality maintained the sidewalk in reasonable repair unless the injured person proves specific conditions:
- Vertical Discontinuity of Two Inches or More: The primary way to overcome the presumption is by proving that the height difference between two adjacent concrete slabs was at least two inches.
- Particularly Dangerous Conditions: A plaintiff may also rebut the presumption by demonstrating an exceptionally hazardous condition inherent to the sidewalk other than a simple vertical gap.
- 30-Day Notice Requirement: You must prove the municipality knew, or with reasonable diligence should have known, about the defect for at least 30 days before your fall occurred.
The 120-Day Written Notice Requirement
The biggest trap for injured pedestrians is Michigan's strict notice deadline. Under MCL 691.1404, you must serve formal written notice of your injury on the municipality within 120 days of the incident. Missing this deadline by even one day completely destroys your right to pursue a claim, regardless of how severe your injuries are.
The notice must specify the exact location and nature of the defect, the injuries sustained, and the names of any known witnesses. Because cities routinely dispute whether the notice was served on the correct official, legal precision is vital.
Steps to Take Immediately After a Sidewalk Fall
Because cities often patch broken concrete quickly once an incident is reported, preserving physical proof is critical. Take clear photos with a ruler or common object to show the vertical height of the ledge, obtain contact details from witnesses, and seek immediate medical evaluation.
At Shiraz Law Firm, we help injured pedestrians navigate municipal immunity hurdles and file all necessary statutory notices on time. Contact us today for a free case review.
