Michigan winters bring icy sidewalks, and one slip can lead to broken bones, missed work and medical bills. If you fall on ice, you may wonder whether anyone owes you compensation.
You may be able to sue, but the answer depends on whether you fell on a private walkway or a public municipal sidewalk, who controlled the surface, and whether the hazard was a natural accumulation or an artificially created condition.
Property owners must use reasonable care to protect visitors
A business or other property owner generally owes its visitors a duty of reasonable care on private property, including icy walkways. Whether an owner acted reasonably depends on the facts, such as how long the ice was there and what the owner did about it.
Under a 2023 Michigan Supreme Court ruling, visible ice no longer ends your case on its own. Instead, a jury may weigh whether the ice was open and obvious when it decides whether the owner breached that duty.
Your own fault reduces what you can recover
Michigan reduces your damages in proportion to your share of the blame. If your fault exceeds the combined fault of everyone else, meaning you are more than 50% at fault, you cannot recover noneconomic damages, such as pain and suffering. You may still recover economic damages, such as medical bills, but your share of fault reduces them.
Public sidewalks follow separate rules
A city or other government body must keep a public sidewalk in reasonable repair, but Michigan law generally shields it from liability for natural ice and snow. To bring a claim, you must show an unnatural accumulation of ice, or ice combined with a sidewalk defect of two inches or more.
You must also show the government knew, or should have known, about the defect at least 30 days before your fall. Finally, you must serve written notice describing the defect and your injury within 120 days.
Acting quickly may help protect your claim
Every fall is different, and Michigan’s deadlines can pass quickly. Photos of the ice and the location, your injuries, and the names of any witnesses may help support your claim. A Michigan personal injury attorney can review your fall, explain which rules apply, and help you decide your next step.