Our Battle Creek trip and fall lawyers represent clients who have sustained injuries due to falls on broken and defective public sidewalks. Sidewalks often have potentially dangerous cracks, holes, or uneven slabs that present serious fall hazards to pedestrians and bicyclists. The injuries from these falls are often very serious, including broken bones, facial injuries, and even traumatic brain injuries.
A person injured from a broken sidewalk can make 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. 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.
Once an injury occurs as a result of the sidewalk defect, written notice must be given to the governmental entity within 120 days. The failure to provide written notice will preclude an injured victim's claim for 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.
Due to the complexities involved in defective sidewalk cases, including the notice provision, it is very important to discuss your case with an experienced Battle Creek sidewalk injury lawyer who has won many of these complex cases. The experienced injury lawyers of Buckfire & Buckfire, P.C. handle sidewalk trip and fall cases and represent clients under our NO FEE promise. This means that there are no legal fees unless you receive a settlement.
Call our office now at (800) 606-1717 for a free consultation with one of top-rated sidewalk injury attorneys about your case or submit the contact form in the GET HELP NOW box on this page. We will begin working on your case immediately and file the required written notice to properly preserve you claim.