Uneven Sidewalk Trip & Fall Injuries In Ann Arbor

Our Ann Arbor trip and fall injury lawyers represent injury victims in cases involving uneven sidewalks and raised sidewalks.   A person carefully walking on a public sidewalk can suffer very serious and permanent injuries from this type of defect.  These injuries occur even in daylight because the average pedestrian is looking straight ahead as they walk, rather than straight down at the ground.

A person injured from an even sidewalk or raised sidewalk can make a legal claim for injuries suffered due to a fall caused by this defective condition.  Under Michigan law, a claim due to the city’s failure to maintain the sidewalk can be made when the municipality violates required by Michigan Statute MCL 691.1401, et. seq.

Currently, under Michigan law, a discontinuity defect of less than two inches in a sidewalk, trail way, crosswalk, or other installation outside of the improved portion of the highway designed for vehicular traffic raises a rebuttable inference that the municipal corporation maintained the area in reasonable repair for purposes of the highway exception to immunity.  MCL 691.1402a. This means that the condition is presumed safe if the there is less than a two inch defect in the walkway, but a claim is not necessarily barred if the drop-off is less than two inches.

In order to prove a claim against a governmental entity, it must be shown that the governmental entity had notice of the defect and that it existed for at least 30 days.  Once an injury occurs as a result of the sidewalk defect, the injury victim must provide written notice to the governmental entity within 120 days. The failure to provide notice within that time frame will forever bar an injured victim’s claim for money damages. The notice shall specify the exact location and nature of the defect, the injury sustained and the names of the witnesses known at the time by the claimant. MCL 691.1404.

Due to the complexities involved in defective sidewalk cases, including the notice provision, it is very important to discuss your case with an experienced lawyer who has won many of these complex cases and choose your Ann Arbor accident lawyer as soon as possible after your injury.

If you or someone you know suffers serious injuries due to an uneven sidewalk, contact an attorney immediately to learn your rights. The top-rated lawyers of Buckfire & Buckfire, P.C. win their clients the highest possible settlements, and represent them under a NO FEE promise. Contact us today at (800) 606-1717 for a free consultation with one of our experienced Ann Arbor uneven sidewalk fall accident attorneys.

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