Walking on a city sidewalk should always be a safe, easy thing to do. For the most part, our communities and cities in Michigan have done a good job of maintaining and fixing dangerous sidewalks. However, in some situations, this is not the case. Unfortunately, this is especially true in Detroit where many sidewalks have not been touched in decades. Many sidewalks in residential areas of Detroit are in need desperate repair.
The Detroit sidewalk injury lawyers at the Lee Steinberg Law Firm can help you obtain compensation and get your life back together if you trip and fall due to a dangerous Detroit sidewalk. We have helped recover millions for Detroit residents due to negligence.
What is Considered a City Sidewalk?
A city sidewalk is a paved public sidewalk intended for pedestrian use situated outside of and adjacent to the improved portion of a highway designed for vehicular travel. In general, the city of Detroit or Wayne County Road Commission is responsible for the maintenance of sidewalks in the city of Detroit. They also have a duty to make sure they are in reasonable repair.
When is a City Negligent for a Dangerous Sidewalk?
The rules for sidewalk safety under Michigan law are contained within MCL 600.1402a. This statute says that the city of Detroit must maintain its sidewalks in reasonable repair. But what does “reasonable repair” mean? Although the law does not define it, it does say the city of Detroit is presumed to have maintained its sidewalks in reasonable repair, unless the injured person can show (1) a sidewalk with a vertical discontinuity defect of 2 inches or more, or (2) a ’dangerous condition in the sidewalk itself of a particular character other than solely a vertical discontinuity.”
In other words, if two adjacent sidewalks have a vertical discontinuity of 2 inches or more, then a person who trips and falls due to this defect and is injured can move forward with their case. This is commonly referred to as the “two-inch” rule. It does not mean the injured person is automatically entitled to compensation. However, it usually presents a question of fact that prevents a Wayne County judge from dismissing a lawsuit.
How Do You Prove the 2 Inch Rule?
The best and only way to get past the two-inch rule is to take photographs of the sidewalk where you fell. It is important to bring a ruler or measuring tape so the height difference between the two adjacent sidewalk blocks is measured. In addition, the pictures should be clear and taken at different angles so the judge and a potential jury can appreciate the dangerous sidewalk.
Another way to prove the 2-inch rule is to video the sidewalk area. This can be done with a camera phone or smartphone. The video should show the high difference between the two sidewalk blocks and any other defects that exist. For example, if there are large cracks and missing concrete within the sidewalk, the video must show this.
Some people and lawyers think using Google Maps, Google Earth, or other Internet applications to show the discontinuity overcomes the two-inch rule. However, this is dangerous. First, most of the time Google Maps will show the area but at a much different time than when then the injury took place. Sometimes, the photos online are several years old. These photographs from Google may not be admissible in court.
There are also issues regarding authenticating photographs from Google Maps and introducing them into evidence. A great Detroit sidewalk injury lawyer can help you overcome these evidentiary barriers.
What Defenses Can the City of Detroit Use to Fight These Cases?
Detroit can use the same defenses private businesses can use in a normal Michigan slip and fall case.
Comparative Negligence:
Comparative negligence is also known as comparative fault. This is the fault of the plaintiff for not seeing or realizing the danger that caused their own injuries. If a judge or jury feels like the plaintiff was more than 50% at-fault for tripping on the sidewalk, then the plaintiff gets nothing for pain and suffering.
Open and Obvious:
This is another defense cities and counties can use. Something is considered open and obvious if a reasonable person upon casual inspection could have seen it. This defense has changed greatly with the Michigan Supreme Court’s decision in Kandil-Elsayed v F& E Oil, Inc. and Pinsky v Kroger Co of Mich (docket Nos. 162907 and 163430 respectfully).
Before, the open and obvious rule made it almost impossible to pursue most city sidewalk cases. However, the open and obvious nature of a sidewalk sticking up 3 or 4 inches will now go to the comparative negligence of the injured person. Again, contact an award-winning law firm that knows Michigan city sidewalk cases inside and out.
What is the Notice Requirement for Sidewalk Cases?
This is very important. There is a very strict notice requirement in lawsuits against the city of Detroit for a defective sidewalk. Although you have two (2) years to file a lawsuit for personal injuries, you only have 120 days to file proper notice. This means that within 120 days of the sidewalk injury, the correct municipality must be given proper notice. Failing to do this results in not being able to file a lawsuit! This deadline is very important.
To have proper notice, the injured person or his attorney must send in writing the following to the municipality in charge of maintaining the sidewalk:
- The exact location and nature of the defect
- The injury sustained
- The names of the witnesses known at the time by the claimant.
In addition, this notice must be properly served by certified mail, return receipt requested, to the person who “may lawfully be served with civil process directed against the government agency.” Just mailing a letter to city hall is not proper notice.
In cases against the city of Detroit, it is advisable to serve the following entities with service of the notice of defect:
- The City of Detroit Law Department, 2 Woodward Ave., Suite 500, Detroit, MI 48226
- Chairperson of the Wayne County Board of Commissioners to 600 Randolph, Suite 453 Detroit, MI 48226
- Clerk of Wayne County to 2 Woodward Avenue 2nd Floor, Room 201 Detroit, MI 48226
- Detroit City Clerk, 2 Woodward Ave., Suite 200, Detroit, MI 48226
- Mayor’s Office, 2 Woodward Avenue Suite 1126, Detroit, MI 48226
It is vital to contact a Detroit city sidewalk injury lawyer to make sure notice is properly completed. Trying to do the notice on your own is unwise and may result in the dismissal of your case.
Detroit City Sidewalk Ordinances
The city of Detroit does have its own city ordinances about how sidewalks should be repaired and maintained.
Sec. 43-6-23. – Standards and specifications.
All sidewalks constructed in any street, alley, or other public place within the City shall be built in strict conformity with the specifications that are contained in the standards established by the Department of Public Works.
(Code 1964, § 58-3-12; Code 1984, § 50-4-18)
Sec. 43-6-24. – Minimum width; exceptions.
- All sidewalks constructed within the City shall be six feet in width, except as may be otherwise provided for or specified.
- The Director of the Department of Public Works may authorize the construction of walks of less than six feet in width where the existing walks on the street or adjacent streets are less than six feet in width and on streets where no walk exists in the block in which the new walk is to be constructed, when, in such Director’s opinion, a walk less than six feet in width is ample to accommodate the pedestrian traffic.
(Code 1964, § 58-3-9; Code 1984, § 50-4-19)
What are Common Injuries from a Detroit Sidewalk Trip and Fall?
The injuries due to a raised sidewalk or cracked sidewalk can vary. Some injuries are just bruising and swelling. However, other injuries can result in broken bones, concussions, and other life-changing disabilities. Some of the more common injuries from a slip and fall or trip and fall on a Detroit sidewalk include:
- A broken hipÂ
- Fracture elbow or broken hand
- A torn MCL in the knee
- A rupture to the Achilles tendon
- A broken leg or armÂ
- Low back pain and disc herniationÂ
- Neck and shoulder pain
- Traumatic brain injury resulting in memory loss, blurry vision, dizziness, and trouble balancingÂ
It is important to seek medical treatment after a slip and fall incident. Sometimes the injuries are minor and go away quickly. However, by delaying medical treatment a bad situation can be made much worse. A doctor or nurse can help evaluate the injury and make necessary referrals to specialists, like an orthopedic surgeon or physical therapist.
Speak to Our Detroit Sidewalk Injury Lawyers Today
Slip and fall accidents can occur unexpectedly, leaving you with injuries that may have lasting effects on your health, finances, and overall quality of life. However, you don’t have to face the consequences alone.
With our long history of advocating for the injured, the Lee Steinberg Law Firm, P.C. is ready to support you through this challenging time. We believe in justice for the injured and accountability for the negligent, and our contingency fee policy ensures that
financial concerns do not stand in your way.
We have represented thousands of clients throughout Michigan and obtained hundreds of millions in settlements and verdicts. If you or a loved one has been injured in a slip and fall accident in Detroit or anywhere in Wayne County, please call us at 989-399-7575 or contact us online today.