Slip and Fall Accidents on Government Property
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Accidents on Government Property
If you have been injured in a slip and fall accident on government property such as a public building or a city sidewalk or if your slip and fall injury was caused by a governmental employee, then you may be able to sue for compensation for your pain and suffering and for economic damages to pay for your medical bills and to replace income and wages you have lost because of your injuries.
After a slip and fall accident on government property, you need the help of an experienced premises liability attorney who specializes exclusively in getting full compensation for people like you.
Michigan Slip and Fall Lawyers will help you win the best possible settlement in your case by identifying all the responsible parties, uncovering all the financial assets and insurance policies that can be used to compensate you for your injuries and damages, and by using the evidence and the law to hold the government and other negligent third parties legally liable for your injuries, harms and losses.
Understanding Michigan Premises Liability Laws for Government Properties
The general rule under Michigan law is that a governmental agency will be immune from liability for a slip and fall injury on government property when “the governmental agency is engaged in the exercise or discharge of a governmental function.” (MCL 691.1407(1))
However, under certain, limited circumstances, there are exceptions to governmental immunity that will allow a slip and fall injury victim to sue the responsible governmental agency.
The exceptions to governmental immunity that may apply in a slip and fall case include:
- The public building exception
- The city sidewalk exception
- The governmental employee exception
Public building exception to governmental immunity after a slip and fall (h2)
If your slip and fall injury was caused by “a dangerous or defective condition of a public building” in Michigan, you may be able to sue the governmental agency that had control over the building if you can show the governmental agency “failed to remedy the condition or to take action reasonably necessary to protect the public against the condition.” (MCL 691.1406)
Michigan law states that “[g]overnmental agencies have the obligation to repair and maintain public buildings under their control when open for use by members of the public.” (MCL 691.1406)
Examples of public buildings include:
- Courthouses
- Secretary of State’s office
- County assessor’s office
- County clerk’s office
- Government offices
- Public schools
- Public recreational facilities
- Post offices
City sidewalk exception to governmental immunity for a slip and fall injury (h2)
If your slip and fall injury was caused by a defect in a city sidewalk, you may be able to sue the city if you can show the city breached its duty to “maintain the sidewalk in reasonable repair.” (MCL 691.1402a(1-3 and 5))
Although Michigan courts have not specifically ruled on the issue, a city’s duty to maintain a city sidewalk in reasonable repair is generally understood to not include the removal of snow and ice because the accumulation of ice and snow is not considered a defect in the sidewalk.
Governmental employee exception to governmental immunity for a slip and fall injury
If your slip and fall injury was caused by a governmental employee’s conduct, you may be able to sue the governmental employee if his or her conduct amounted to “gross negligence,” which Michigan law defines as “conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results.” (MCL 691.1407(2) and (8)(a))
Common Slip and Fall Hazards on Government Properties
- Wet and slippery floors and indoor walkways (from cleaning, condensation, spills, and rain, snow and mud tracked in through foot traffic)
- Failure to place proper warning signage about wet and slippery floors
- Spills that are not cleaned up quickly
- Tripping hazards in the walkway
- Loose floor mats or tiles
- Torn, worn or loose carpets
- Uneven flooring
- Broken floor tiles
- Obstructions in the walkway
- Poor lighting
- Ice and snow accumulation on outdoor walkways
- Cracked pavement on outdoor walkways and parking lots
- Broken or missing handrails
Compensation for Injuries Sustained on Government Property
Compensation that you may be able to recover for your slip and fall injuries on government property includes:
- Pain and suffering – This includes physical pain and suffering as well as mental anguish, fright and shock, embarrassment, humiliation and mortification, and loss of social pleasures and enjoyments. (M Civ JI 50.02)
- Mental anguish
- Emotional distress
- Psychological trauma
- Loss of a normal life (temporary or permanent diminished ability to enjoy life)
- Loss of quality of life
- Loss of enjoyment of life
- Medical expenses (past and future) — All costs incurred from treating your injuries, including hospitalization, surgeries, procedures, rehabilitation, attendant or nursing care, physical therapy, prescription medications, medical equipment, follow-up doctor’s visits and transportation costs
- Lost wages and earnings (past and future) – Any loss of income from being unable to work due to your injuries, including loss of potential future income if you suffer a permanent disability.
- Wrongful death – If the accident resulted in death, families can recover funeral expenses as well as damages for loss of companionship and loss of financial support that a loved one had previously provided.
Filing Requirements for Claims Against the Government
There are strict deadlines and notice periods to file a lawsuit against the government in Michigan, and failing to meet these deadlines could mean your case is dismissed altogether.
Here are the filing requirements you need to know about after you have been injured in a slip and fall accident on government property:
- Statute of limitations – You have 3 years from the date of your slip and fall injury on government property to file your lawsuit. (MCL 691.1411(1); MCL 600.5805(2))
- Statute of limitations for claims against the state of Michigan – When you have a case against the state of Michigan, you have 3 years from the date of your slip and fall injury on government property to file a lawsuit in the clerk of the Court of Claims. (MCL 691.1411(3); MCL 600.6452(1))
- Notice of public buildings injury – Within 120 days of the date when you suffered a slip and fall injury due to “any dangerous or defective public building,” you must serve a notice on the governmental agency that is “responsible” for the building. Your notice must specify “the exact location and nature of the defect, the injury sustained and the names of the witnesses” that were “known” to you “at the time.” (MCL 691.1406)
Notice of injury involving the state of Michigan – If you are suing the State of Michigan (or any of its departments, commissions, boards, institutions, arms, or agencies) for your slip and fall injury in a public building, then you must file a notice of intent to file a claim against the state with the clerk of the Court of Claims within 6 months after your slip and fall accident. (MCL 691.1410(1); MCL 600.6431(1) and (4))
Importance of Consulting a Slip and Fall Attorney
Why Choose Michigan Slip and Fall Lawyers?
Michigan Slip and Fall Lawyers is the state’s most successful and experienced law firm that specializes exclusively in slip and fall accidents – whether they occur on government property or private property. Our attorneys have successfully litigated over 300 premises and slip and fall accident cases all across the state, including several that were reported in Michigan Lawyers Weekly newspaper for being the largest reported slip and fall settlement or trial verdict for the year. Our attorneys have the experience, specialized knowledge, and reputation with the insurance companies and with governmental agencies to get you and your family the best possible settlement in your slip and fall case.
Our attorneys are nationally recognized speakers and they have taught thousands of lawyers across the U.S. how to successfully investigate and litigate slip and fall and premises liability cases involving both private property and government property.
Finally, and perhaps most importantly, our attorneys are here when you need us. We are available 24/7 to take your call so you can get skilled legal help when you need it and as quickly as possible.
Contact Michigan Slip and Fall Lawyers Today
If you suffered a slip and fall injury on government property, , our experienced attorneys at Michigan Slip and Fall Lawyers can help you get the full compensation you are legally entitled to for your injuries, harms and losses. Call today to schedule your free, no-cost, no-obligation consultation with one of our experienced slip and fall attorneys. Let us help you understand your legal options and take the next steps to protect your rights.
MICHIGAN SLIP AND FALL LAWYERS
Frequently Asked Questions
If you are a slip and fall accident victim, Michigan Slip and Fall Lawyers are here to help. Our experienced legal team focuses exclusively on slip and fall accidents, meaning we know the laws surrounding your case better than the rest.
To get answers to your questions, please read our FAQs or call us for a free consultation now for immediate help.