Under Michigan law we must be able to prove that the municipality responsible for the sidewalk had actual knowledge for at least 30 days, of the defect causing your injury.
Another way to establish liability against the local municipality is to show that had they been reasonably diligent in maintaining the sidewalk, they would have discovered the defect. If the defect is a “vertical discontinuity”, or a raised sidewalk, that height difference must be at least two inches.
You can make a claim against a government agency for an injury in a building maintained by that agency, if all of the following conditions can be established:
- The building is associated with a got agency, and is open for use by members of the public;
- A dangerous or defective condition exists in the building;
- The government agency responsible for the building had actual/constructive knowledge of the alleged defect; AND
- The government agency responsible for the building failed to do anything to remedy the defect.
NOTE: Suits against the government are subject to strict “notice of claim”, within 60-120 days; to protect my clients, I try to get those “notices of claim” in, within 60 days of an accident. Failure to submit the “notice of claim” may result in a good case, with serious injuries, being dismissed.