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Sidewalk Slip and Fall in Michigan: Suing the City vs. the Property Owner

Short answer: If you fell on a public sidewalk in Michigan, the city, county, or other government entity that maintains the sidewalk is the primary defendant under the highway exception to governmental immunity (MCL § 691.1402). You must serve a written notice on the responsible government within 120 days of the fall (MCL § 691.1404) or your claim is barred, regardless of the underlying three-year statute of limitations. If the sidewalk fronts private commercial property and the city has shifted maintenance responsibility to the abutting owner by ordinance, the property owner may also or instead be liable. The two-track analysis matters because each defendant has different deadlines, different defenses, and different insurance coverage available.

Last updated 2026-05-18 by Ali H. Koussan, Founding Attorney at Koussan Law. Our firm has recovered a $6,000,000 slip-and-fall settlement in Michigan, among the largest of its kind in state history. This guide walks through how Michigan sidewalk liability actually works.

Who Owns and Maintains Michigan Sidewalks?

The general default in Michigan: public sidewalks running along public roads are part of the public right-of-way and the responsibility of the municipality that owns the road. The City of Detroit, for example, owns and is responsible for maintaining most sidewalks within its boundaries. Same for Dearborn Heights, Marquette, and every other Michigan city.

However, many Michigan municipalities have shifted maintenance responsibility to abutting property owners by ordinance. The most common version of this ordinance says: "the owner of property abutting a public sidewalk shall maintain that sidewalk in good repair." When such an ordinance exists, the city has shifted the day-to-day maintenance duty, but the city typically retains ownership of the sidewalk itself and ultimate responsibility for it. The legal analysis becomes:

Does the city's ordinance shift the duty of care to abutting owners?
Did the abutting owner have actual or constructive notice of the defect?
Did the abutting owner fail to repair or report?
Is the city's governmental immunity defeated by the highway exception?

Both defendants can often be sued. The right strategy depends on the specific ordinance, the specific defect, and the financial reality of which defendant can actually pay a judgment.

The Highway Exception to Governmental Immunity

Michigan grants broad governmental immunity to state and local government entities under MCL § 691.1407. But that immunity has statutory exceptions, the most important for sidewalk cases being the highway exception under MCL § 691.1402.

The highway exception allows a personal injury claim against a government entity if the injury was caused by a defect in the "improved portion of the highway designed for vehicular travel" or the public sidewalk along it. To recover under the highway exception, the plaintiff must prove:

The defect existed in the improved portion of the highway (which includes sidewalks under MCL § 691.1401(c)).
The defect was a result of the government entity's failure to maintain the sidewalk in reasonable repair.
The defect existed long enough that a reasonably diligent government employee would have discovered it (typically interpreted as at least 30 days by Michigan appellate decisions).
The defect was "more than minor" — a discrete tripping hazard, not a hairline crack.
The plaintiff served the required 120-day written notice under MCL § 691.1404.

Failure on any element bars the claim. The 30-day prior-existence requirement and the 120-day notice deadline are the two most common reasons sidewalk claims against cities fail.

The 120-Day Notice: The Deadline Most People Miss

Under MCL § 691.1404, you must serve written notice on the responsible government entity within 120 days of the date of the fall. The notice must specify:

The exact location of the defect.
The nature of the defect.
The injuries you sustained.
The names of any known witnesses.

Michigan courts apply this notice requirement strictly. Generic notices missing required content are insufficient. Notices served on the wrong entity (the county when the city actually maintains the sidewalk) are insufficient. Late notices, even by one day, bar the claim entirely. We have seen otherwise-strong claims lost because a victim spent the first 90 days dealing with medical treatment and only contacted counsel after the deadline had already passed.

Practical tip: if you fell on a public sidewalk in Michigan and you do not yet know whether you will pursue a claim, serve the notice anyway. The notice itself does not commit you to filing a lawsuit. It only preserves your right to do so. For the full statute of limitations framework, see our Michigan Personal Injury Statute of Limitations guide.

What Counts as a "Defect" Under the Highway Exception?

Michigan appellate decisions have established that a sidewalk "defect" under MCL § 691.1402 must be more than de minimis. A tripping hazard of at least 2 inches in vertical displacement between adjacent slabs is generally actionable. Lesser displacements have sometimes succeeded but face higher scrutiny. Other actionable defect patterns:

Cracked or broken slabs with sharp edges
Missing or sunken slabs creating substantial drops
Tree roots lifting slabs to create height differentials
Frost-heave damage
Improperly repaired prior defects creating new hazards
Holes or sinkholes

Hairline cracks, surface roughness, and minor unevenness generally do not qualify. The defendant will argue any defect is too minor; the plaintiff must show with photographs and measurements that the defect created an unreasonable tripping hazard.

Suing the Abutting Property Owner

When the city has shifted maintenance responsibility to abutting property owners by ordinance, the property owner may also be liable. The legal theory depends on the ordinance and the relationship to the visitor:

If the sidewalk is part of the property owner's commercial premises (a sidewalk leading to a store entrance, or sidewalk in a strip mall parking lot), then standard Michigan premises liability applies. The owner owes invitees a duty of reasonable care to maintain the premises and warn of hazards.
If the sidewalk is a public sidewalk but the city has shifted maintenance duty by ordinance, the property owner's liability depends on the specific ordinance language. Some create a private right of action; others do not. Michigan case law is mixed.
If the abutting owner's actions or inactions caused or exacerbated the defect (improper repair, allowing tree roots to lift slabs, depositing snow or ice on the sidewalk), the owner may be liable under standard negligence theories regardless of any ordinance.

The combined city + property owner strategy maximizes recovery, particularly when the city's potential liability is limited by governmental immunity defenses and the property owner has commercial liability insurance covering the claim.

How Michigan's End of "Open and Obvious" Changed Sidewalk Cases

Until July 28, 2023, Michigan property owners (including municipalities, in some applications) could defeat sidewalk claims with the "open and obvious" defense, the argument that any sidewalk defect was visible to a reasonable person and therefore the defendant owed no duty. That defense was substantially dismantled by the Michigan Supreme Court in Kandil-Elsayed v. F&E Oil, Inc., 504 Mich. 132 (2023). The visibility of a sidewalk defect is now a factor in comparative fault, not a complete bar to liability.

For municipalities, the highway exception analysis is somewhat separate from the open-and-obvious doctrine, but the effect of Kandil-Elsayed still meaningfully strengthens sidewalk claims against private abutting property owners in Michigan. For a complete walkthrough of the snow-and-ice and premises liability post-Kandil-Elsayed framework, see our snow-and-ice slip-and-fall guide.

What to Do After a Michigan Sidewalk Fall

Photograph the defect immediately. Multiple angles. Include a measuring tool or shoe for scale. Document the surrounding area. These photographs may disappear within days as defendants repair the hazard.
Get medical care the same day. Even if you feel fine. Treatment gaps are the first thing insurers use to deny claims.
Identify witnesses. Get names and contact information of anyone who saw the fall or who has previously complained about the same defect.
Document the precise location. Address. GPS coordinates. Reference points ("in front of 123 Main Street, between the parking meter and the fire hydrant"). The 120-day notice must specify location with precision.
Identify the responsible municipality. Most public sidewalks in Michigan are city responsibility. Some are county or MDOT. Knowing which entity to serve the 120-day notice on is essential.
Consult a Michigan personal injury attorney within 30-60 days. The 120-day notice deadline is unforgiving. The notice itself takes time to prepare properly. Calling on day 119 is too late.

Damages in Michigan Sidewalk Slip-and-Fall Cases

Settlement value depends on injury severity, evidence of defect, and the available insurance / municipal coverage. For a complete framework on how Michigan injury cases are valued, see our case value guide. Typical ranges for sidewalk cases:

Minor injuries (sprains, contusions, full recovery): $10,000-$50,000.
Fractures requiring no surgery: $25,000-$100,000.
Fractures requiring surgical hardware: $100,000-$500,000.
Hip fractures (especially in older adults): $250,000-$1,000,000+. Hip fractures in adults over 65 carry significant one-year mortality risk; cases involving permanent disability or death substantially exceed this range.
Traumatic brain injuries from sidewalk falls: $500,000-$5,000,000+, depending on severity and permanence.
Catastrophic injuries with permanent disability: Seven figures. Koussan Law's $6,000,000 slip-and-fall settlement demonstrates the high end.

Cases against municipalities can be capped by governmental tort claim limits in some scenarios. Cases against private property owners are uncapped (outside the medical malpractice context).

Frequently Asked Questions About Michigan Sidewalk Falls

Can I sue the city of Detroit for a sidewalk injury?

Yes, if the highway exception to governmental immunity applies (MCL § 691.1402) and you served the 120-day written notice (MCL § 691.1404). The defect must be in the improved portion of the public sidewalk, have existed for at least 30 days, and have caused your injury.

What is the 120-day notice requirement for Michigan sidewalk cases?

MCL § 691.1404 requires written notice to the responsible government entity within 120 days of the fall, specifying the location, nature of the defect, injuries sustained, and names of known witnesses. Miss this deadline and your claim against the government is barred, regardless of the broader three-year statute of limitations.

How big does a sidewalk defect have to be to support a lawsuit?

Michigan appellate decisions generally require a vertical displacement of at least 2 inches between adjacent slabs to constitute an actionable defect under the highway exception. Lesser displacements sometimes succeed but face higher legal scrutiny. The defect must be "more than minor."

Who is responsible for maintaining a sidewalk in front of a Michigan business?

By default, the municipality. Many Michigan cities have ordinances shifting maintenance responsibility to abutting property owners. In commercial contexts, the business owner often retains independent liability as a premises possessor under standard Michigan premises liability law (MCL § 600.2922).

What is the statute of limitations for a Michigan sidewalk slip and fall?

Three years from the date of the fall under MCL § 600.5805. However, if the defendant is a government entity, you must also serve the 120-day notice under MCL § 691.1404, which is a separate and earlier deadline. Both deadlines apply.

Can I still sue if the sidewalk defect is "open and obvious"?

Since Kandil-Elsayed v. F&E Oil, Inc., 504 Mich. 132 (2023), Michigan no longer treats open-and-obvious as a complete bar to liability in premises liability cases. The visibility of the defect is a comparative fault factor. Claims that would have been dismissed at summary judgment before July 2023 are now triable.

What if I was wearing improper footwear when I fell?

Footwear may be considered in comparative fault analysis (MCL § 600.2959). Wearing inappropriate shoes does not bar recovery but may reduce damages by your assigned percentage of fault. If you are 50 percent or more at fault, you cannot recover non-economic damages.

Does the city have to put up warning signs about sidewalk defects?

Michigan does not require municipalities to mark every sidewalk defect with signs. The duty under the highway exception is to maintain in reasonable repair, which means actually repairing the defect rather than just warning of it. Failure to warn may be evidence of negligence but is not an independent statutory duty.

How long do I have to file a sidewalk claim against the City of Detroit?

120 days for the written notice under MCL § 691.1404. Three years for the underlying lawsuit under MCL § 600.5805. Both deadlines apply. The 120-day notice is the practical deadline because failure to serve it timely bars the claim entirely.

What evidence do I need for a Michigan sidewalk fall case?

Photographs of the defect with scale, evidence the defect existed for at least 30 days (prior complaints, prior repair records, Google Street View imagery showing the defect at earlier dates), medical records documenting your injuries, witness statements, and the 120-day notice served on the correct entity.

Can I recover for an ice or snow fall on a Michigan sidewalk?

Snow and ice cases involve additional legal frameworks. Public sidewalks in winter conditions face a high evidentiary bar. Private commercial sidewalks face standard premises liability analysis under post-Kandil-Elsayed rules. For a complete walkthrough, see our snow-and-ice slip-and-fall guide.

How Koussan Law Handles Sidewalk Slip and Fall Cases

We accept Michigan sidewalk cases on contingency. You pay nothing unless we recover. We file 120-day notices immediately, investigate prior complaints and repair history, retain accident reconstruction and biomechanical experts when needed, and pursue both municipal and property owner defendants when both are liable. Our experience includes a $6,000,000 slip-and-fall settlement, among the largest in Michigan history, and we apply that level of preparation to every premises case we accept.

If you fell on a Michigan sidewalk, call (313) 800-0000, request a free consultation, or use our free case calculator. We will review the facts and tell you whether we believe you have a viable claim.

Sidewalk Slip and Fall in Michigan: Suing the City vs. the Property Owner

May 18, 2026