Sidewalk Trip and Fall Lawyer Southfield: When a City’s Neglect Hurts You

You were just walking. Maybe heading to your car. Maybe walking your dog. Maybe rushing to work. Then—boom—you hit the pavement. Your ankle twists, your knee slams, your head snaps back. In seconds, you're in pain, bleeding, and wondering: What just happened?

Sidewalk trip and fall injuries are jarring, painful, and often life-altering. They leave victims dealing with more than physical wounds—they bring hospital bills, missed work, stress, and the bitter feeling that this could have been prevented.

Here’s the truth: Sidewalk maintenance is the city’s job. When a cracked, uneven, icy, or poorly maintained sidewalk causes your injury, that’s not just bad luck—that may be municipal negligence.

And in Southfield, like every Michigan city, you have rights.

At Marko Law, we see these cases all the time. Cities fail to fix dangerous sidewalks, then deny any responsibility when someone gets hurt. That’s not justice. That’s injustice—and we’re not here to let it slide.

Understanding Sidewalk Injury Liability in Michigan

What Is Premises Liability—And How Does It Apply to Sidewalks?

In personal injury law, premises liability holds property owners responsible when someone gets hurt because of a hazardous condition on their property. This includes things like icy steps, broken handrails, or—yes—cracked and uneven sidewalks.

Private property owners can be held liable when they fail to keep their property safe. But when the city owns the sidewalk, different rules apply.

Governmental Immunity in Michigan

Under Michigan law, governmental agencies (like cities and counties) are generally immune from lawsuits. This protection is known as governmental immunity, and it makes filing claims against cities challenging—but not impossible.

There are key exceptions. And for sidewalk injuries, the most important one is found in MCL 691.1402a.

Michigan Compiled Law 691.1402a carves out a specific exception to governmental immunity for sidewalk cases. Here’s what it says:

A municipality can be held liable if it knew or should have known about the defect at least 30 days before the injury occurred, and failed to maintain the sidewalk in a condition that is reasonably safe for public travel.

What Does “Reasonably Safe” Mean?

The law doesn’t require perfection. But it does require reasonable safety. That means:

• Sidewalks must be free from large cracks, gaps, or height differences (often 2 inches or more).
• Cities must inspect and maintain sidewalks within a reasonable time frame.
• Failure to do so, especially after notice, can trigger liability.

Still, Michigan courts set a high bar for proving municipal negligence. That’s why having an experienced attorney—someone who knows how to beat the immunity defense—is critical.

What Is Municipal Negligence?

Municipal negligence happens when a city or town fails to do its job—and someone gets hurt because of it.

In plain terms, if the City of Southfield doesn’t fix dangerous sidewalks, doesn’t clear ice and snow, or ignores obvious hazards, and you end up injured, that’s municipal negligence. It’s about carelessness by the people who are supposed to keep our public spaces safe.

Common Examples of Municipal Negligence on Sidewalks:

• Cracked pavement that causes tripping hazards
• Uneven sidewalk slabs that jut out 2 inches or more
• Poor lighting making hazards hard to see at night
• Missing or broken handrails near stairs or steep areas
• Snow and ice that isn’t cleared within a reasonable amount of time

What Is the City’s Legal Responsibility?

Under Michigan law, municipalities like Southfield are required to inspect, maintain, and repair sidewalks and other public walkways. That means:

• Keeping sidewalks in reasonably safe condition for pedestrians
• Responding to known hazards promptly
• Following snow and ice removal protocols during winter

If the city knew—or should have known—about a hazard and failed to act, they may be legally responsible for any injuries that happen as a result.

The “Open and Obvious” Defense

Here’s the kicker: even if the sidewalk was dangerous, the city might claim it was so obvious that you should’ve avoided it. This is known as the “open and obvious” doctrine—and it's one of the most common defenses cities use.

But here’s what they won’t tell you: even “open and obvious” hazards can still be legally actionable if they present an unreasonable risk of harm.

Suing the City of Southfield or Any Municipality: What Makes It Different

The 120-Day Notice Rule: Miss It and You May Lose Everything

Under Michigan law, if you’re injured on a public sidewalk and want to sue the city, you must file a formal notice within 120 days of the incident. This isn’t optional. Miss that deadline—even by a day—and your case could be dead on arrival.

Your notice must include:

• The exact location of the incident
• A description of the defect
• The nature of your injury
• Your intent to bring a claim

You Must Prove the City Knew—or Should Have Known

Michigan’s MCL 691.1402a requires you to show that Southfield either:

• Actually knew about the sidewalk defect, or
• Should have known because it had existed long enough that any reasonable city would have discovered it

This is called actual or constructive notice, and proving it isn’t easy—especially when cities don’t exactly volunteer evidence. That’s where aggressive investigation comes in.

What Damages Can You Recover?

Economic Damages: The Tangible Costs

These are the hard-dollar losses you’ve suffered as a result of your injury. We’ll fight to recover:

• Emergency medical bills and hospital stays
• Ongoing treatment and rehab
• Physical therapy and assistive devices
• Lost wages from time off work
• Loss of future income or reduced earning capacity
• Long-term care costs, especially in cases of permanent disability

Non-Economic Damages: The Pain You Can’t Measure

Some damages can’t be added up on a receipt, but they’re no less real. These include:

• Pain and suffering
• Loss of mobility or independence
• Emotional distress and mental anguish
• Loss of enjoyment of life
• Disfigurement or permanent scarring

Punitive Damages (Rare, But Possible)

In some very limited cases, if the city’s actions go beyond negligence and into gross negligence, you may be able to pursue punitive damages—meant to punish outrageous misconduct.

These are rare in municipal cases due to legal protections, but at Marko Law, we dig deep to uncover every angle of liability. If there’s a chance to pursue additional damages, we’ll find it.

What to Do After a Trip and Fall on Public Property

Take Photos—Before It’s Fixed or Covered Up

Cities move fast when they know they’re liable. Cracked sidewalks get patched. Ice gets salted. Evidence disappears.

• Take clear photos of the exact location where you fell
• Capture different angles, lighting, and any nearby warning signs (or lack of them)
• If someone witnessed your fall, get their contact info

Seek Medical Care—Even If You Think You’re Okay

Adrenaline can mask pain. What feels like soreness today could be a serious spinal or brain injury tomorrow.

• Get checked by a doctor right away
• Be honest about how you were hurt
• Document every injury and follow your treatment plan

Report the Incident—But Don’t Give a Statement

If you're able, report the fall to the city or local authority. But be careful:

• Stick to the facts—don’t speculate or admit fault
• Avoid giving written or recorded statements without legal advice
• Keep a copy of any report or correspondence

Call a Lawyer—Immediately

Remember the 120-day notice rule under Michigan law. Waiting too long could permanently destroy your chance to recover damages.

• The sooner you call, the stronger your case
• We can help secure evidence, file notices, and build your claim
• Don’t try to go up against the city alone—get legal muscle behind you now

You Deserve Accountability. You Deserve Justice.

When a city neglects its duty to maintain safe sidewalks, it's not just an oversight—it’s a danger to everyone who walks those streets. For you, it may have meant broken bones, lost wages, and lasting trauma. But you’re not powerless—and you’re not alone.

If you were injured on a sidewalk in Southfield because of cracked pavement, snow or ice, or poor city maintenance, you may have a legal claim under Michigan law.

At Marko Law, we know what it takes to go toe-to-toe with city governments—and win. Our team has held powerful entities accountable across Michigan. And when we fight, we fight to make sure it never happens again.

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
👥 Meet Our Team: Our Team
🎥 Jon’s Cases Gone Wild Podcast: Podcast
📲 Follow Us on Social Media: Instagram | Facebook | LinkedIn

‍