Broken Sidewalk Injuries in Detroit: Who’s Liable?

Across the city, thousands of sidewalks are cracked, crumbling, or dangerously uneven. Aging infrastructure, weather damage, and years of neglect have turned many of these public walkways into serious trip hazards. In some areas, slabs are pushed up by tree roots, others have eroded edges or pothole-like gaps wide enough to swallow a shoe. These are not minor inconveniences—they are legal liabilities and physical dangers.

For Detroiters simply walking to the store, catching a bus, or heading to work, a single misstep on a broken sidewalk can result in devastating injuries:

• Fractured wrists, arms, or hips from breaking a fall
• Traumatic brain injuries from striking the pavement
• Spinal injuries that change lives forever
• Chronic pain and long-term mobility issues

Older adults are especially vulnerable. A fall for a senior citizen often leads to surgery, permanent disability, or worse. But anyone—regardless of age—can end up in the ER because a sidewalk wasn’t properly maintained.

These aren’t freak accidents. They’re preventable.

At Marko Law, we believe no one should be harmed just walking down their block. And when the city, a property owner, or a business fails to fix dangerous sidewalks, they should be held accountable.

Who Is Legally Responsible?

The City of Detroit

In most cases, public sidewalks are the responsibility of the City of Detroit. That includes maintenance, repairs, and ensuring pedestrian safety. But holding the city accountable requires proving the sidewalk was unreasonably dangerous and that the city knew—or should have known—about it and failed to act. There are strict rules and deadlines when suing a government entity, so timing and evidence are critical.

Property Owners

In some areas, city ordinances shift certain responsibilities to property owners, especially when it comes to:

• Snow and ice removal
• Sidewalks directly adjacent to businesses or homes

For example, if a property owner lets snow accumulate or fails to fix a known hazard outside their storefront, they could be liable for injuries that occur.

Landlords & Commercial Tenants

In commercial zones or rental properties, liability may fall on:

• Landlords who own and manage the premises
• Business tenants who control the area and may have contractual responsibility for upkeep

Multi-use properties—like apartment buildings with storefronts—often involve overlapping duties. That’s why it’s important to investigate who had control over the sidewalk at the time of the incident.

Why Location Matters

Was the sidewalk on public property, private property, or part of a commercial development? This determines not only who’s responsible, but what legal process applies. Government claims involve different notice rules than private lawsuits, and misidentifying the liable party could mean missing your opportunity to recover damages.

Michigan Premises Liability Law & Sidewalk Cases

Michigan’s Negligence Standard

Under Michigan law, a successful personal injury claim requires proving four key elements:

1. Duty of Care: The property owner or government entity had a legal obligation to keep the sidewalk reasonably safe.
2. Breach of Duty: They failed to inspect, maintain, or warn about a dangerous condition.
3. Causation: That breach directly caused your injury.
4. Damages: You suffered harm—physical, financial, or emotional—as a result.

What Makes a Sidewalk “Unreasonably Dangerous”?

Not every crack or uneven surface qualifies. Michigan courts generally consider a sidewalk “unreasonably dangerous” when the defect is:

• Substantial (often defined as a vertical discontinuity of 2 inches or more)
• Not easily avoidable
• Likely to cause harm under normal use

But even small defects can be dangerous, especially in poor lighting, crowded areas, or for vulnerable pedestrians. Every case depends on the full context.

The “Open and Obvious” Defense

One major hurdle in Michigan sidewalk cases is the “open and obvious” doctrine. This defense argues that if the hazard was clearly visible or avoidable, the injured person should have seen it—and the property owner isn’t liable.

Insurance companies and defendants love to use this argument to deny claims.

Suing the City of Detroit: Special Legal Rules

Governmental Immunity in Michigan

Under Michigan law, cities and other government entities are generally immune from lawsuits unless your case fits within very specific exceptions. For sidewalk injuries, the relevant exception is known as the "highway exception"—which includes sidewalks.

But this exception only applies if very strict conditions are met.

When the City Can Be Held Liable

You must prove:

• The sidewalk defect was unreasonably dangerous to pedestrians (typically, at least a 2-inch vertical discontinuity).
• The city knew or should have known about the hazard at least 30 days before the injury occurred.
• The city failed to fix the defect within a reasonable time after learning of it.

Even with evidence, getting past immunity isn’t easy. These cases demand precise legal work and strong documentation.

120-Day Notice Requirement

If you're planning to sue the City of Detroit, you must serve written notice within 120 days of the incident. That notice must include:

• The exact location of the fall
• The nature of the defect
• The injuries sustained
• Your name and contact information

Miss that deadline, and your case may be dismissed before it even starts—no matter how severe your injuries.

What to Do After a Sidewalk Injury

Document Everything at the Scene

• Take clear, close-up photos of the hazard from multiple angles.
• Show the exact location (include street signs or identifiable landmarks).
• Photograph your shoes, clothing, and the weather conditions at the time (snow, rain, ice).
• If possible, place a ruler or object next to the defect to show the depth or height differential.

Get Witness Information

• If anyone saw the fall, ask for their name, phone number, and a brief statement.
• Witnesses can back up your claim—especially if the city later tries to deny the condition existed.

Get Medical Attention Immediately

• Even if your injuries seem minor, go to the ER or urgent care.
• Delays in treatment can give the other side an excuse to question your injuries.
• Keep all medical records, bills, and follow-up instructions.

File a Report

• If the injury occurred on public property, report it to the City of Detroit’s Claims Division right away.
• If on private or commercial property, notify the property owner or manager in writing.
• Ask for a copy of any internal incident report.

Preserve All Communications

• Save emails, texts, voicemails, and letters between you and the city, landlord, or business.
• Do not delete anything—even if it seems unimportant.
• Avoid making statements that could be used against you later (like apologizing or downplaying the fall).

Damages You May Be Entitled To

Medical Bills

• Emergency room visits
• X-rays, MRIs, and diagnostic tests
• Surgeries, hospital stays, and medications
• Follow-up appointments and physical therapy
• Future medical needs, including mobility aids or assistive devices

Lost Wages & Future Income Loss

• Time missed from work during recovery
• Reduced earning capacity if you can’t return to your job or industry
• Loss of job opportunities or promotions due to long-term limitations

Pain and Suffering

• Physical pain and discomfort
• Emotional distress, anxiety, depression
• Loss of enjoyment of life, especially if your injury affects daily activities

Long-Term Rehab or Disability Expenses

• Ongoing therapy or rehabilitation programs
• Home modifications (like ramps, handrails, or walk-in tubs)
• In-home care, if needed for daily tasks

Out-of-Pocket Costs

• Travel to and from medical appointments
• Costs for crutches, braces, wheelchairs, or other equipment
• Home health services, childcare, or help with household tasks

You Have the Right to Walk Safely in Your Own City

No one should have to fear for their safety while walking down a sidewalk in Detroit. When the people or institutions responsible for maintaining our public spaces fail to do their job, you shouldn't be the one left paying the price—physically or financially.

At Marko Law, we don’t just take cases—we take a stand. We hold negligent property owners and government entities accountable. Whether it's a city sidewalk or a commercial entryway, if your injury was preventable, we're ready to fight for you.

If you've been injured on a broken sidewalk in Detroit, don’t wait. Evidence fades fast, deadlines are strict, and your voice deserves to be heard now—not after it’s too late.

Contact Marko Law for a Free Case Evaluation

📞 Phone: +1-313-777-7777
📍 Main Office: 220 W. Congress, 4th Floor, Detroit, MI 48226
🌐 Website: www.markolaw.com