Sidewalk and Public Property Falls in Michigan

A city or other municipal corporation must keep a sidewalk next to a public highway in reasonable repair. It is liable only if the injured person proves it knew, or should have known, of the defect at least 30 days before the injury. The city is presumed to have kept the sidewalk in reasonable repair unless the injury was caused by a vertical discontinuity of 2 inches or more or another dangerous condition in the sidewalk itself, and it may raise premises-liability defenses such as 'open and obvious'. The state and county road agencies' highway repair duty does not extend to sidewalks.

For an injury caused by a defective highway, the injured person must serve written notice on the governmental agency within 120 days of the injury, giving the exact location and nature of the defect, the injury and known witnesses. Notice may be served personally or by certified mail on someone who can accept legal papers for the agency; for the state, it is filed in triplicate with the clerk of the court of claims.

State: a written claim or notice of intent to file a claim must be filed with the clerk of the Court of Claims within 1 year after the claim accrues, and for property damage or personal injury claims within 6 months after the event; the notice must be signed and verified and describe the time, place, nature of the claim and damages, and the agency involved. Defective highways: as a condition of recovery, a notice describing the exact location and nature of the defect, the injury and known witnesses must be served on the governmental agency within 120 days after the injury (180 days for a person under 18). No general statutory dollar cap was found.

Three years after the time of the injury for most actions to recover damages for injury to a person. Shorter periods apply to some claims, such as 2 years for assault, battery or false imprisonment and 2 years for malpractice; 10 years applies to claims for criminal sexual conduct.