Dangerous Property Condition Lawsuits

A woman in a camel coat cradles her bandaged wrist while standing at the raised edge of an uneven, leaf-strewn sidewalk slab

In short

Whoever controls a property is generally responsible for a dangerous condition only if it knew about the hazard or should have found it, didn't fix it or warn you in time, and the hazard caused your injury. In Michigan, you must show that the owner had actual or constructive notice (Lowrey v LMPS & LMPJ, Inc, 2016).
Responsibility follows control, not just ownership: whoever had possession and control of the property (Kubczak v Chemical Bank & Trust Co, 1998; Janini v London Townhouses Condominium Ass'n, 2024), or for public property, the agency with jurisdiction over the road, sidewalk or building (MCL 691.1402(1), 691.1402a(1), 691.1406).
Governments are immune from many injury claims. In Michigan, the exceptions for dangerous property cover the part of a road built for vehicle travel, sidewalks next to a road and public buildings, each with its own rule about what the agency knew (MCL 691.1402, 691.1402a, 691.1403, 691.1406, 691.1407).
In Michigan, written notice of a defective road, sidewalk or public building is due within 120 days, giving the exact location and nature of the defect, the injury and known witnesses, and courts enforce the deadline strictly (MCL 691.1404, 691.1406; Rowland v Washtenaw County Road Commission, 2007).
Deadlines to sue vary: in Michigan, 2 years for road claims and 3 years for most claims against private owners (MCL 691.1411(2), 600.5805(2)). For a dangerous condition on federal property, a written claim must reach the agency within 2 years (28 U.S.C. § 2401(b)).

You caught your foot on a raised sidewalk slab, hit a pothole, or fell on a broken step in a store or a city building, and now you’re wondering who, if anyone, is responsible. If you’re hurting and unsure whether you can even bring a claim against a city or the State, that’s normal.

Here’s the plain answer. Whoever controls a property can be responsible for a dangerous condition it knew about, or should have found, and didn’t fix or warn you about in time. When the property is public, extra rules apply: governments are immune from many injury claims, the exceptions are narrow, and written notice is often due within months, not years. In Michigan, notice of a defective road, sidewalk or public building is due within 120 days (MCL 691.1404, 691.1406).

The hard part usually isn’t proving the sidewalk was broken. It’s the claims process: a short deadline that’s easy to miss, strict rules about what the notice must say and who must get it, and agencies and insurers that handle these claims every day. Michigan’s rules are in the boxes marked “In Michigan.”

Hurt by a broken sidewalk, road or step? Get a free case review. Four quick questions, no cost, no obligation.

What counts as a dangerous condition?

A dangerous condition is a hazard in the property itself that makes it unreasonably risky to use in the ordinary, expected way. Common examples:

broken, loose or missing stair treads and handrails
sidewalk slabs heaved by tree roots, and holes or missing grates in a walkway
potholes and broken pavement
poor lighting on stairs and in parking areas
spills, torn mats and untreated ice

Not every flaw counts: the law separates real hazards from minor ones. California’s statute on public property, for example, requires “a substantial (as distinguished from a minor, trivial or insignificant) risk of injury” when the property is used with due care in a reasonably foreseeable way, and a court can rule out a trivial defect as a matter of law (Cal. Gov. Code §§ 830(a), 830.2). For falls in particular, see the most common causes of slip-and-fall accidents.

In Michigan: Someone who controls land owes customers and other invitees "a duty to exercise reasonable care to protect invitees from an unreasonable risk of harm caused by a dangerous condition of the land" (Kandil-Elsayed v F & E Oil, Inc, 2023). Government property has its own tests. A city, village or township is presumed to have kept a sidewalk in reasonable repair unless a proximate cause of the injury was "a vertical discontinuity defect of 2 inches or more" or another "dangerous condition in the sidewalk itself," and a judge decides whether that has been shown (MCL 691.1402a(3), (4)). A 5-inch metal stub paved into the middle of a sidewalk met both tests (Mann v City of Detroit, 2025). For roads and public buildings, the duty is to repair and maintain them, not to redesign them (Hanson v Mecosta County Road Commissioners, 2002; Renny v Department of Transportation, 2007). That's why a claim that a county road's hill left drivers too little sight distance was barred (Hanson).

How do you prove the owner knew about the hazard?

Notice is often the deciding question: what the owner knew, or should have known, before you got hurt. There are three common ways to show it:

Actual notice: the owner knew, as complaints, repair requests, work orders or earlier accidents can show.
Constructive notice: the hazard was there long enough, or was obvious enough, that a reasonably careful owner would have found it. California’s public-property statute, for example, looks at how long the condition existed, how obvious it was and whether a reasonably adequate inspection system would have found it (Cal. Gov. Code § 835.2(b)).
The owner created it: its own employee caused the hazard, for example by mopping without a warning sign or leaving a hole unmarked. California’s public-property statute accepts this in place of notice (Cal. Gov. Code § 835(a), (b)).

A yellow “Caution wet floor” sign on a shiny floor while a worker mops behind it

Records often settle the question, so ask for them early.

In Michigan: Against a private owner, you have to show actual or constructive notice; the owner doesn't have to prove it didn't know (Lowrey v LMPS & LMPJ, Inc, 2016). Constructive notice means the hazard "was of such a character, or had existed for a sufficient time, that a reasonable premises possessor would have discovered it" (Lowrey). For government property, the statutes set the rule:

Roads: the agency must have known, or with reasonable diligence should have known, of the defect and had a reasonable time to repair it. Both are "conclusively presumed" if the defect was "readily apparent to an ordinarily observant person" for 30 days or more before the injury (MCL 691.1403).
Sidewalks: you must prove the city, village or township knew or should have known of the defect at least 30 days before the injury (MCL 691.1402a(2)).
Public buildings: the agency must have had actual or constructive knowledge and failed, within a reasonable time, to fix the condition or protect the public from it. Knowledge and time to repair are conclusively presumed if the defect was readily apparent for 90 days or more (MCL 691.1406).

For an agency's complaints, pothole reports and work orders, send a written request to its FOIA coordinator: Michigan's Freedom of Information Act gives you a right to copies of existing public records, with some exemptions (MCL 15.233(1)).

Who is responsible for a dangerous condition?

Usually whoever controlled the property when you were hurt, which isn’t always the owner: a business that leases its store, a landlord that runs the shared hallways and parking lot, or a condominium association in charge of common areas. For public property, it’s the agency with jurisdiction over that road, sidewalk or building, and your notice has to reach it.

In Michigan: Premises liability turns on "the actual exercise of dominion and control over the property," not title. A bank that held a sheriff's deed to a foreclosed house, but hadn't taken control of it, wasn't liable for a real estate agent's fall there (Kubczak v Chemical Bank & Trust Co, 1998). The question is "who has possession and control over the land where a person was injured, not merely who owns the land" (Janini v London Townhouses Condominium Ass'n, 2024). For public property:

State trunklines, the I-, M- and US- routes, are the responsibility of the Michigan Department of Transportation (MDOT). If MDOT contracts with a city or county to do work on one, a claim arising from that work goes against MDOT (MCL 691.1402(3)).
Other roads are the county's or the city's or village's, depending on jurisdiction (MDOT), and a city, village or township isn't liable for a county or state highway (MCL 691.1402(2)).
Sidewalks next to a road are the city's, village's or township's to maintain (MCL 691.1402a(1)).
Public buildings are the responsibility of the agency that controls them (MCL 691.1406).

What if the dangerous condition was on private property?

Many dangerous-condition claims involve private property: a store, an apartment building, an office or someone’s home. They’re premises liability claims, and what the owner owed you often depends on why you were there. Our complete premises liability guide covers them in full. For falls, see the slip-and-fall lawsuit guide and what it takes to win a slip-and-fall case. Two related claims have guides of their own: a child hurt by a hazard such as an unfenced pool (attractive nuisance), and a crime made possible by broken locks, dark parking lots or other security failures (negligent security). Other guides cover injuries at hotels, elevator and escalator accidents and fire injuries.

States treat obvious hazards differently. Ohio’s Supreme Court held in 2003 that “where a danger is open and obvious, a landowner owes no duty of care to individuals lawfully on the premises” (Armstrong v. Best Buy Co.).

Can you sue the government for a dangerous condition?

Often, but only within limits the law sets. Under the doctrine of sovereign immunity, a federal or state government can’t be sued without its consent, which it can give in whole or in part; Congress did so for many injury claims in the Federal Tort Claims Act (Cornell Law School’s Legal Information Institute). Claims against states, cities and counties follow each state’s own statutes, which often add conditions a private owner never gets, such as rules about what the agency knew and a short deadline for written notice.

A two-lane paved road with a double yellow center line, seen from road level

In Michigan: Under the governmental tort liability act, an agency is immune from tort liability while carrying out a governmental function unless the act makes an exception (MCL 691.1407(1)), and the Supreme Court reads the exceptions narrowly (Mann). The exceptions for dangerous property:

Roads: an agency with jurisdiction over a highway must keep it "in reasonable repair so that it is reasonably safe and convenient for public travel." The duty covers only "the improved portion of the highway designed for vehicular travel," not crosswalks, trailways or other installations outside it, and it covers damage to your property, such as your car, as well as injuries (MCL 691.1402(1)).
Sidewalks: a city, village or township must keep sidewalks next to a road in reasonable repair, under the 2-inch and 30-day rules above, and it can still argue that a condition was open and obvious (MCL 691.1402a).
Public buildings: an agency must repair and maintain public buildings it controls "when open for use by members of the public" (MCL 691.1406).

Other exceptions, such as the one for government vehicles (MCL 691.1405), have their own rules.

How do you give notice of a claim against the government?

Many claims against a government must start with a written notice or claim, due long before the ordinary deadline to sue. California requires a claim for an injury within six months (Cal. Gov. Code § 911.2(a)). New York, where a notice of claim against a city, county or other public corporation is required, gives you 90 days to serve a sworn one (N.Y. Gen. Mun. Law § 50-e(1)(a), (2); N.Y. Gen. Constr. Law § 66). Other states set their own rules, so check yours before you rely on the general deadline to sue.

For a dangerous condition on federal property, present a written claim to the agency within two years, on Standard Form 95 or another written notice that asks for a specific dollar amount (28 U.S.C. § 2401(b); 28 C.F.R. § 14.2(a)). You can sue only after the agency denies the claim in writing or fails to decide it within six months, and generally for no more than you claimed (28 U.S.C. § 2675(a), (b)). A judge, not a jury, decides the case under the law of the place where the careless act or omission happened, without punitive damages (28 U.S.C. §§ 1346(b)(1), 2402, 2674).

In Michigan: For a defective road, sidewalk or public building:

When: within 120 days of the injury (MCL 691.1404(1), 691.1406). For a road or sidewalk, a child under 18 has 180 days, and someone physically or mentally unable to give notice has 180 days after that condition ends (MCL 691.1404(3)).
What it says: "the exact location and nature of the defect, the injury sustained and the names of the witnesses known at the time by the claimant" (MCL 691.1404(1), 691.1406).
Who gets it: anyone who can legally be served with court papers for the agency, in person or by certified mail with a return receipt requested (MCL 691.1404(2), 691.1406). For a city, that's the mayor, city clerk or city attorney; for a township, the supervisor or township clerk; for a county, the chairperson of the board of commissioners or the county clerk (MCR 2.105(G)).
The State, including MDOT and public universities (MCL 691.1401(g)): file the notice in triplicate with the clerk of the Court of Claims (MCL 691.1404(2), 691.1406). For a highway, that filing also counts as the notice the Court of Claims Act requires (MCL 691.1404(2)).
County roads: the 120-day notice governs (Estate of Pearce v Eaton County Road Commission, 2021), but the Court left open whether the precedent behind that rule is right. Serving the notice within 60 days on both the county clerk and the chairperson of the board of county road commissioners, with the details the older County Road Law also lists, avoids the question (MCL 224.21(3)).

Courts enforce the deadline strictly: a woman who said she tripped on broken, potholed pavement while crossing a street served her notice on day 140, and the Supreme Court ordered her case dismissed without requiring any showing that the delay had hurt the road commission (Rowland v Washtenaw County Road Commission, 2007). Other injury claims against the State need a signed claim or notice, verified under oath, filed with the Court of Claims within six months, wherever the case is filed (MCL 600.6431(2), (4); Christie v Wayne State University, 2023).

Not sure which agency gets your notice, or how much time is left? Get a free case review. Four quick questions, no cost, no obligation.

How is a claim against the government different from one against a private owner?

Here’s how the two compare in Michigan, as of September 2026.

	Private owner (a store, landlord or homeowner)	Michigan government agency
Starting point	A duty of care that depends on why you were there (Kandil-Elsayed)	Immune unless an exception applies (MCL 691.1407(1))
Which hazards count	For invitees, a dangerous condition posing an unreasonable risk of harm (Kandil-Elsayed)	Only what an exception covers: the part of a road built for vehicle travel, sidewalks next to a road, public buildings (MCL 691.1402, 691.1402a, 691.1406)
What the owner knew	Actual or constructive notice, which you must prove (Lowrey)	Set by statute, such as 30 days’ knowledge for sidewalks (MCL 691.1402a(2))
An obvious hazard	Goes to breach and your share of the fault (Kandil-Elsayed)	A city, village or township can still raise it for sidewalks (MCL 691.1402a(5))
Written notice first	Usually none; the 120-day rule covers government agencies (MCL 691.1404(1), 691.1406)	Within 120 days for roads, sidewalks and public buildings (MCL 691.1404, 691.1406)
Deadline to sue	Generally 3 years (MCL 600.5805(2))	2 years for roads (MCL 691.1411(2)); plan on the same for sidewalks; generally 3 years for public buildings (MCL 691.1411(1), (3), 600.5805(2), 600.6452(1))

How long do you have to file a dangerous condition lawsuit?

Every state sets a deadline for filing an injury lawsuit, called a statute of limitations; see injury deadlines in every state. A notice deadline can come due long before it.

What to do next

Get medical care, and keep going. Tell each provider exactly where and how you were hurt, and keep your records.
Document the hazard today. Photograph it from several angles with a ruler or coin for scale, because in Michigan a sidewalk’s height difference matters. Note the exact location (the address, the nearest cross street or a map pin), and get witnesses’ names and phone numbers.
Find out who controls the property. Is the road a state route (I-, M- or US-), a county road or a city street? Which agency runs the building? MDOT’s region offices and county road commissions can tell you who has jurisdiction over a road.
Put the notice deadline on your calendar. In Michigan, that’s 120 days for a road, sidewalk or public building. Serve the notice in person or by certified mail with a return receipt (for the State, file it with the Court of Claims), and keep proof. Don’t give a recorded statement or sign a release before you’ve had advice.
Get a free case review. A lawyer can check which rules fit your case, who must get notice and how much time is left. Get a free case review, or, if you were hurt in Michigan, compare Michigan injury lawyers.

What waiting can cost

A claim against a city, county or the State. In Michigan, notice of a defective road, sidewalk or public building is due within 120 days, and a notice served on day 140 ended the claim in Rowland.
Proof of the hazard. Potholes get patched and sidewalk slabs get replaced, and with them goes the evidence of the defect’s size and how long it was there.
The right to sue. In Michigan, 2 years for road claims and 3 years for most claims against private owners (MCL 691.1411(2), 600.5805(2)).

What a good outcome looks like

The right agency or owner gets a complete notice on time. Photos and records show the hazard was there long enough that someone should have fixed it. Your medical bills and lost pay are covered by whoever was responsible, and before you sign anything, you know what you’ll take home. From wondering whether you can even make a claim against a city to knowing who is responsible, what the notice must say and when it’s due.

For other injuries caused by unsafe property, browse the slip, fall and unsafe property guides.

Frequently asked questions

What is a dangerous condition lawsuit?

A claim that a hazard in a property, such as a broken step, a pothole or a raised sidewalk slab, caused your injury, and that whoever controlled the property knew or should have known about it and didn't fix it or warn you in time. Against a private owner, it's a premises liability claim. Against a government, immunity and notice rules apply. In Michigan, someone who controls land owes customers and other invitees 'a duty to exercise reasonable care to protect invitees from an unreasonable risk of harm caused by a dangerous condition of the land' (Kandil-Elsayed v F & E Oil, Inc, 2023).

Can you sue a city for tripping on a sidewalk in Michigan?

Sometimes. The city, village or township is presumed to have kept the sidewalk in reasonable repair unless a height difference of 2 inches or more, or another dangerous condition in the sidewalk itself, caused your fall, and you must prove it knew or should have known of the defect at least 30 days before (MCL 691.1402a(2), (3)). It can still argue that the condition was open and obvious (MCL 691.1402a(5)). Written notice is due within 120 days (MCL 691.1404(1)).

Can I get compensation for pothole damage or a pothole injury in Michigan?

Possibly. The agency responsible for the road can be liable for injuries and property damage caused by a defect in the part of the road built for vehicle travel, if it knew or should have known about the defect and had a reasonable time to repair it. Knowledge is presumed if the pothole was readily apparent for 30 days or more (MCL 691.1402(1), 691.1403). Notice is due within 120 days (MCL 691.1404(1)). On state trunklines (I-, M- and US- routes), MDOT takes damage claims under $1,000 and says most are denied under the immunity law; for $1,000 or more, you can recover only by suing (Michigan Department of Transportation). Sending MDOT its form doesn't file the statutory notice, which for a state highway goes in triplicate to the clerk of the Court of Claims (MCL 691.1404(2)).

What must a notice of claim to a Michigan government agency include?

For a defective road, sidewalk or public building: the exact location and nature of the defect, the injury you suffered and the names of the witnesses you know of (MCL 691.1404(1), 691.1406). Serve it within 120 days, in person or by certified mail with a return receipt requested, on someone who can legally accept court papers for the agency, such as a city's mayor, city clerk or city attorney (MCL 691.1404(2); MCR 2.105(G)). For the State, file it in triplicate with the clerk of the Court of Claims.

What happens if I miss the 120-day notice deadline in Michigan?

The claim is usually lost. In Rowland v Washtenaw County Road Commission (2007), a woman served her notice on day 140, and the Michigan Supreme Court ordered her case dismissed without requiring the road commission to show the delay had hurt it. For a road or sidewalk, a child under 18 has 180 days, and someone physically or mentally unable to give notice has 180 days after that condition ends (MCL 691.1404(3)).

Can I sue the federal government for an injury on federal property?

Sometimes, under the Federal Tort Claims Act. First present a written claim to the agency within two years, on Standard Form 95 or another written notice that asks for a specific dollar amount (28 U.S.C. § 2401(b); 28 C.F.R. § 14.2(a)). You can sue only after the agency denies the claim in writing or fails to decide it within six months, and you have six months to sue after a denial is mailed (28 U.S.C. §§ 2675(a), 2401(b)). A judge, not a jury, decides the case under the law of the place where the careless act or omission happened, and punitive damages aren't available (28 U.S.C. §§ 1346(b)(1), 2402, 2674).

Sources

Kandil-Elsayed v F & E Oil, Inc; Pinsky v Kroger Co of Mich (Docket Nos. 162907 and 163430, decided July 28, 2023), overruling Lugo v Ameritech Corp, Inc (2001) · Michigan Supreme Court
Lowrey v LMPS & LMPJ, Inc (Docket No. 153025, decided December 13, 2016) · Michigan Supreme Court
Kubczak v Chemical Bank & Trust Co, 456 Mich 653 (1998) · Caselaw Access Project, Harvard Law School
Janini v London Townhouses Condominium Ass'n (Docket No. 164158, decided July 11, 2024) · Michigan Supreme Court
Mann v City of Detroit, order (Docket No. 166619, June 11, 2025) · Michigan Supreme Court
Hanson v Mecosta County Road Commissioners, 465 Mich 492 (2002) · Caselaw Access Project, Harvard Law School
Renny v Department of Transportation, 478 Mich 490 (2007) · Caselaw Access Project, Harvard Law School
Rowland v Washtenaw County Road Commission (Docket No. 130379, decided May 2, 2007) · Michigan Supreme Court
Estate of Pearce v Eaton County Road Commission; Brugger v Midland County Board of Road Commissioners (Docket Nos. 158069 and 158304, decided June 4, 2021) · Michigan Supreme Court
Christie v Wayne State University (Docket No. 162706, decided May 2, 2023) · Michigan Supreme Court
MCL 691.1401, Governmental tort liability act: definitions (highway, sidewalk, municipal corporation, State) · Michigan Legislature
MCL 691.1402, Highway exception to governmental immunity · Michigan Legislature
MCL 691.1402a, Municipal sidewalks; the 2-inch rule; open and obvious defense · Michigan Legislature
MCL 691.1403, Defective highways; knowledge of the defect · Michigan Legislature
MCL 691.1404, Notice of injury and defect in a highway · Michigan Legislature
MCL 691.1405, Government-owned vehicles · Michigan Legislature
MCL 691.1406, Public buildings; dangerous condition; notice · Michigan Legislature
MCL 691.1407, Governmental immunity from tort liability · Michigan Legislature
MCL 691.1411, Claims against government agencies; limitation of actions · Michigan Legislature
MCL 224.21, County roads; actions against the board of county road commissioners; 60-day notice · Michigan Legislature
MCL 600.2959, Comparative fault; reduced damages · Michigan Legislature
MCL 600.5805, Injuries to persons or property; period of limitations · Michigan Legislature
MCL 600.6419, Court of Claims; exclusive jurisdiction · Michigan Legislature
MCL 600.6431, Court of Claims; notice of a claim against the State · Michigan Legislature
MCL 600.6443, Court of Claims; trial by the judge without a jury · Michigan Legislature
MCL 600.6452, Court of Claims; limitation of actions · Michigan Legislature
MCL 15.233, Freedom of Information Act: right to inspect and receive copies of public records · Michigan Legislature
Michigan Court Rules (updated July 31, 2026): MCR 2.105(G), service of process on public corporations · Michigan Supreme Court
Damage claim (potholes and other highway defects on state trunklines) · Michigan Department of Transportation
28 U.S.C. § 1346, United States as defendant · Office of the Law Revision Counsel, U.S. House of Representatives
28 U.S.C. § 2401, Time for commencing action against United States · Office of the Law Revision Counsel, U.S. House of Representatives
28 U.S.C. § 2402, Jury trial in actions against United States · Office of the Law Revision Counsel, U.S. House of Representatives
28 U.S.C. § 2674, Liability of United States · Office of the Law Revision Counsel, U.S. House of Representatives
28 U.S.C. § 2675, Disposition by federal agency as prerequisite · Office of the Law Revision Counsel, U.S. House of Representatives
28 C.F.R. § 14.2, Administrative claim; when presented · Electronic Code of Federal Regulations, Office of the Federal Register
California Government Code § 830, Definitions (dangerous condition; property of a public entity) · California Legislative Information
California Government Code § 830.2, Trivial defects · California Legislative Information
California Government Code § 835, Liability for a dangerous condition of public property · California Legislative Information
California Government Code § 835.2, Actual and constructive notice · California Legislative Information
California Government Code § 911.2, Time to present claims against public entities · California Legislative Information
New York General Municipal Law § 50-e, Notice of claim · New York State Senate
New York General Construction Law § 66, Definitions (public corporation; municipal corporation) · New York State Senate
Armstrong v. Best Buy Co., 99 Ohio St.3d 79, 2003-Ohio-2573 · Supreme Court of Ohio
Sovereign immunity (Wex legal dictionary) · Legal Information Institute, Cornell Law School

Updated September 27, 2026

This guide is general information, not legal advice, and laws change. For advice about your situation, talk to a lawyer licensed in your state. Reading this page or contacting us does not create an attorney-client relationship.

Complete Dangerous Condition Lawsuit Guide