Sidewalk Trip and Fall

Michigan Sidewalk Trip and Fall Claims

Cracked, heaved, and uneven sidewalks are a pervasive problem throughout Michigan — from Detroit's aging neighborhoods to suburban commercial districts. When a property owner or municipality fails to maintain a sidewalk in safe condition, pedestrians can trip, fall, and suffer serious injuries. At Koussan Law, we pursue full compensation from the responsible parties, whether they are private property owners, businesses, or government entities.

Who Is Responsible for Sidewalk Maintenance?

In Michigan, sidewalk maintenance responsibility varies by municipality. In many cities, the abutting property owner is responsible for maintaining the sidewalk in front of their property. In others, the municipality retains responsibility. Some cities have ordinances that shift liability to property owners once they are notified of a defect. Understanding who bears responsibility is critical to bringing the correct claim, and Koussan Law investigates every case to identify all liable parties.

Government Sidewalk Claims

When a municipality is responsible for a dangerous sidewalk, the claim falls under Michigan's Public Building Exception to governmental immunity (MCL § 691.1406) or the Highway Exception (MCL § 691.1402), depending on the sidewalk's location and classification. The strict six-month notice requirement applies, and the defect must meet certain severity thresholds. Koussan Law files these notices promptly to preserve our clients' rights.

The Open and Obvious Challenge

Defendants in sidewalk cases frequently invoke the "open and obvious" doctrine, arguing the defect was visible. However, Michigan courts have recognized that sidewalk defects can be effectively unavoidable — when the sidewalk is the only reasonable path of travel — or may be obscured by shadows, debris, snow, or poor lighting. We build cases that overcome this defense.

If you've been injured in a sidewalk trip and fall, call Koussan Law at (313) 800-0000 for a free consultation.