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Accidents can happen anywhere, even on public property. If you’ve been injured while visiting a park, walking on a sidewalk, or entering a government building in Detroit, you may be curious about your rights and options for seeking compensation.
Premises Liability on Public Property
Premises liability is a legal concept under which an injured person can hold property owners responsible for maintaining safe conditions for visitors. While this often applies to private property owners, it also extends to government entities responsible for public spaces. In Detroit, the city government, Wayne County, or the state of Michigan may be liable for injuries someone suffers on their property due to negligence.
However, pursuing a claim against a government entity for compensation can be more complicated than a typical personal injury case. There are specific rules, procedures, and time limits that must be followed when filing a claim against a public entity.
Your Rights as an Injured Party
If you’ve been injured on public property in Detroit, you have the right to:
- Seek immediate medical attention
- Report the incident to the appropriate authority
- Gather evidence to support your claim
- File a notice of claim within the required timeframe
- Pursue compensation for your accident-related injuries and losses
Keep in mind that your ability to file a claim may be subject to governmental immunity laws, which can limit liability in certain circumstances.
Why You Should Act Quickly
In Michigan, there are strict time limits for filing a claim against a government entity. Generally, you must file a notice of intent to sue within 120 days of the incident. This notice must include specific details about the injury, the location where it occurred, and the nature of the defect that caused the injury.
Failing to file this notice within the required timeframe can result in your claim being dismissed, regardless of its merit. This is why it’s crucial to talk to an experienced personal injury attorney as soon as possible after your injury.
Proving Negligence in Public Property Cases
To successfully pursue a claim for an injury on public property, you’ll need to prove that:
- The government entity had a duty to maintain safe conditions on its property
- They failed to fulfill this duty (negligence)
- This failure directly caused your injury
- You suffered losses (like medical bills and lost wages) as a result
Examples of negligence on public property might include failure to repair known hazards, inadequate lighting in public areas, or failure to warn of potential dangers.
Potential Compensation for Your Injuries
IYou could be entitled to compensation for:
- Medical expenses (both current and future)
- Lost wages and loss of earning capacity
- Pain and suffering
- Emotional distress
- Rehabilitation costs
Understanding Governmental Immunity
One of the biggest challenges in public property injury cases is overcoming governmental immunity. In Michigan, government entities are generally immune from liability unless certain exceptions apply. These exceptions include:
- Defective highways
- Negligent operation of government-owned vehicles
- Dangerous or defective public buildings
An experienced attorney can help you determine whether your case falls under one of these exceptions and guide you through the complex process of filing a claim against a government entity.
Michigan’s Comparative Negligence Rule
Michigan follows a modified comparative negligence rule. This means that if you’re found to be partially at fault for your injury, your compensation may be reduced by your percentage of fault. If you’re found to be more than 50% at fault, you will be barred from recovering compensation for your intangible losses, such as pain and suffering or loss of enjoyment of life.
Seeking Legal Assistance
Given the complexities of public property injury claims and the strict timelines involved, it’s important to seek legal assistance as soon as possible after your injury. An experienced personal injury attorney can explain the legal process, gather necessary evidence, and fight for the compensation you deserve.
If you were injured on public property in Michigan, contact Davis Law Center in Farmington Hills, MI. We offer free consultations and work on a contingency basis, meaning you don’t pay unless we recover compensation for you. Let us help you understand your rights and fight for the justice you deserve.
Davis Law Center: your trusted partner for personal injury accident cases. Serving Detroit, Farmington Hills, Southfield, Macon County, Wayne County, Oakland County, and all of Michigan.