Michigan Court of Appeals Allows Trip and Fall Case Against State to Go Forward

If you are injured on public property due to government negligence, you will probably want to hold the government accountable for your injuries. In a case that recently came down from the Michigan Court of Appeals, the justices clarified the requirements to bring suit for injuries on government property. Since the government can sometimes claim immunity, unlike with individuals or businesses, there are additional hoops to jump through for those seeking damages. One of these differences is that you have less time to start the process to file your claim, so it is even more crucial that you contact a skilled Michigan premises liability attorney as soon as possible after an accident. The law gets complicated in this area, and if you don’t give notice to the proper entities in the proper way, the court may throw out your lawsuit, permanently barring you from bringing your case forward.

Government Responsibility

 In 2015, a woman was at the Michigan Hall of Justice in Lansing when she tripped on uneven bricks on the front porch of the building. She ended up falling and suffering injuries. The law requires that the government maintain and repair public buildings that are open for use by the public. If the government knows about a dangerous condition and does not fix it in a reasonable time, it could be held liable for injuries sustained due to the defect. Potential plaintiffs have 120 days to give notice to the government of the injuries and their intent to sue.

Since the plaintiff was injured on government property, her attorneys filed a “Notice of Injury and Defect” with the Court of Claims by the deadline. However, the government argued that since the injured party did not alert the specific government agency that was responsible for the building, she did not comply with the requirements, and the government could claim immunity from suit.

Government Immunity

Generally, the Michigan governmental tort liability act shields the government from some kinds of civil lawsuits when the problematic conduct was during the exercise of official government duties. However, the law carves out several broad exceptions, including one for injuries sustained at public buildings. This decision relied on statutory interpretation to determine that the plaintiff did comply with all of the applicable filing requirements. Thus, the government could not claim immunity here. Therefore, the case was allowed to go forward, although the ultimate outcome has not been determined yet.

Contact an Experienced Western Michigan Personal Injury Attorney Today!

If you have been injured on government or public property, you should contact a knowledgeable premises liability attorney as soon as possible. There are time limits for these claims, and the procedural requirements are arduous. Therefore, you need an attorney who has experience in personal injury law. The attorneys at Neumann Law Group are familiar with these requirements and others and can help you pursue the damages you deserve. Neumann Law Group is located in Western Michigan and regularly serves clients in Detroit, Grand Rapids, Lansing, Kalamazoo, Saginaw, Southfield, and Traverse City. Call 800-525-6386 or use the contact form on this website to schedule your free consultation today!

See Related Posts:

Michigan Appeals Court Holds Plaintiff’s Negligence Claim is Barred By Governmental Immunity

Federal Court Allows Excessive Force Claim Against Michigan State Police to Go Forward

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