Tripped on an Uneven Sidewalk in Michigan? A New Ruling May Help You
November 5, 2026 | Written by: Donna MacKenzie, Michigan Personal Injury Lawyer
When a sidewalk slab sinks and the walkway next to it doesn’t, it leaves a raised edge an inch or two high. It’s easy to miss and just high enough to catch a foot. If someone falls on one of these edges on private property, an owner or insurer may make a familiar argument: a city would be presumed to have kept this sidewalk in good repair, so a private owner should get the same protection.
A new Michigan Court of Appeals decision refused to let that argument end a case before trial. In Williams v. Creekside Huron Shores, LLC, decided October 22, 2026, the Court revived negligence claims brought by a man who tripped three times where a community sidewalk met the walkway to his manufactured home. The decision matters to anyone hurt in a trip and fall in a mobile home park, apartment complex, or on other private property in Michigan.
What Did the Court Hold in Williams?
- The Court of Appeals (Docket No. 375121, unpublished) reversed the dismissal of negligence claims against a manufactured housing community and its maintenance company.
- Michigan’s two-inch sidewalk presumption is written for municipalities, and it can be rebutted. It did not entitle these private defendants to judgment.
- His testimony and photos with a yardstick created a factual dispute with the defense expert’s measurement.
- A maintenance company that does not possess or control the property cannot win dismissal of a negligent-maintenance claim on premises liability principles.
- The injured man lost one claim. The Court held the sidewalk was not unfit for its intended use under MCL 554.139(1)(a).
What Happened in Williams v. Creekside Huron Shores?
Mr. Williams lived in a manufactured home on a lot he leased in a manufactured housing community. The case came from Sanilac County. A walkway on his lot met the community sidewalk in a T. He said the sidewalk had sunk below the walkway, leaving a raised edge of about two inches on one side and one inch on the other.
He tripped on that edge on June 21, 2023, while carrying groceries from his vehicle. He woke the next morning in severe pain and drove himself to the hospital. He tripped again on July 17, landing on his right wrist, and a third time four days later.
He sued his landlord, Creekside Huron Shores, LLC, and the company it hired to maintain the property, Creekside Communities, LLC. The defendants asked the trial court to dismiss the case. They relied on an expert who placed the height difference below two inches, and they argued that a private landowner shouldn’t be held to a higher standard than a city.
Mr. Williams didn’t respond to the motion. He later explained that he mistakenly believed the hearing had been adjourned. The trial court found the height difference was about 1.4 inches and dismissed every claim. He appealed.
What Is Michigan’s Two-Inch Sidewalk Rule?
The “two-inch rule” comes from MCL 691.1402a, part of Michigan’s governmental immunity law. It requires municipalities to keep public sidewalks in reasonable repair, then presumes that they did. An injured person can overcome that presumption with evidence that a proximate cause of the injury was either:
- a vertical discontinuity defect of two inches or more, or
- a dangerous condition in the sidewalk of a particular character, other than solely a vertical discontinuity.
So even for a city, two inches isn’t an absolute cutoff. A smaller edge can still count if something else about the sidewalk made it dangerous.
How Is a Private Sidewalk Claim Different From a City Sidewalk Claim?
City or other public sidewalk. The claim runs through MCL 691.1402a, the sidewalk exception to governmental immunity. The two-inch presumption applies by statute, and the injured person generally must serve written notice on the government within 120 days under MCL 691.1404. Our post on Mann v. City of Detroit explains how the Michigan Supreme Court applied the sidewalk statute to a Detroit sidewalk defect in 2025.
Private sidewalk owned by a landlord or property owner. The claim is common-law negligence, and a tenant may also have a claim under MCL 554.139. In Williams, the two-inch presumption wasn’t an automatic defense, and there’s no government notice deadline.
Does the Two-Inch Sidewalk Rule Protect Private Landlords in Michigan?
Not automatically. The Court of Appeals found two errors in how the trial court handled the height difference.
The measurement was disputed. The trial court treated the expert’s measurement as undisputed. Mr. Williams testified that the difference was about 1.5 to 2 inches, and he provided photos showing a yardstick that measured about two inches. A judge can’t settle that kind of factual dispute on summary disposition.
Being under two inches didn’t decide the case. The Court held that the rebuttable presumption for municipal sidewalks “did not entitle defendants to judgment as a matter of law.” It added that reasonable minds might differ about whether a private landowner should be held to a higher standard than a municipality.
The opinion is narrow. It doesn’t say every small height difference on private property creates liability, and it doesn’t set a measurement for private owners. Mr. Williams still has to prove his claim. But a property owner can’t borrow a city’s statutory presumption and treat it as an automatic win.
Can a Maintenance Company Be Liable for a Sidewalk Fall?
Yes, but on a different theory than the claim against the landlord. Premises liability depends on possession and control of the land, and Creekside Communities had neither. It was hired to do maintenance, and Mr. Williams claimed it did that work negligently.
The sidewalk statute concerns a municipality’s premises liability obligations, so it offered no defense to a claim about how a contractor did its job. The Court held that the trial court erred by dismissing the maintenance company on premises liability principles.
This follows the Michigan Supreme Court’s July 2026 decision in Bowerman v. Red Oak Management, which treated a claim against a concrete contractor as ordinary negligence. One fall can involve an owner, a property manager, and a maintenance, paving, or snow removal contractor, and each may owe a different duty. The Court didn’t decide whether the maintenance company here was negligent. That’s up to the trial court.
Does Missing a Deadline to Respond End the Case?
Not automatically. Under MCR 2.116(G)(4), a party who doesn’t respond to a properly supported motion faces judgment “if appropriate.” The Court of Appeals focused on those two words. A missing response may leave the defendant’s arguments unopposed, but the court must still decide whether those arguments and the evidence show the defendant is entitled to judgment.
That’s a helpful safeguard, but don’t count on it. Mr. Williams had to take his case to the Court of Appeals to fix the problem. Missing a court deadline can cost an injured person a claim.
Why Did the Tenant’s Claim Under MCL 554.139(1)(a) Fail?
Every Michigan residential lease includes a promise that the premises and common areas are fit for the use the parties intended. The Court held that this sidewalk met that standard. It was intended for walking and reaching Mr. Williams’s lot, and he had used it without incident for about 15 months before his first fall.
That result turned on this record. Bowerman confirms that the question is whether a common area is fit for its intended use under the circumstances of the specific case. There, the Supreme Court considered that the property held itself out as housing for elderly and disabled tenants. A tenant with different facts may get a different result.
Williams is also a reminder to look at every possible claim. His statutory claim failed, but his negligence claims are still alive.
Why Can a Small Sidewalk Edge Cause a Serious Injury?
An inch or two may sound minor until a foot catches on it. For older adults, that kind of fall can be serious. According to the CDC, more than 14 million adults 65 and older, about one in four, report falling each year, and falls are the leading cause of injury in that age group.
Manufactured housing communities, apartment complexes, and senior communities all rely on walkways that residents use every day, often while carrying groceries or using a cane or walker. Our firm sees the consequences of preventable falls in nursing homes and other residential settings, and our in-house registered nurses review the medical side of these cases. In Rusu v. Trilogy Healthcare, the Court of Appeals recently judged a facility’s safety with its injured and elderly residents in mind. That same question applies to any property that serves people who can’t easily catch their balance.
What Should You Do After a Trip and Fall on an Uneven Sidewalk?
- Get medical care. Pain can get worse by the next morning, as it did for Mr. Williams.
- Measure before anyone makes repairs. Photograph a ruler or yardstick standing at the raised edge. Capture both the highest and lowest points, then take wider photos showing the location.
- Report the fall in writing. Notify the landlord or property manager and keep a copy.
- Keep your paperwork. Save your lease, community rules, and any notices about who maintains the sidewalks.
- Write down the details. Record the date, time, lighting, what you were carrying, your footwear, and any witnesses. If you fell more than once, document each fall.
- Find out who controls the sidewalk. A public sidewalk can require written notice to the government within 120 days.
- Talk to a lawyer before giving a recorded statement. Insurers have well-known tactics for denying liability.
Frequently Asked Questions
Can I sue my landlord or mobile home park for a trip and fall?
Often, yes. A landlord can face a common-law negligence claim, and a tenant may also have a claim under MCL 554.139. The answer depends on who controlled the sidewalk, what caused the fall, and the evidence.
What is considered a trip hazard on a sidewalk in Michigan?
For a city sidewalk, MCL 691.1402a presumes the city kept the sidewalk in reasonable repair unless the injured person shows a vertical edge of two inches or more or another dangerous condition. No statute gives private property owners a height cutoff like the one for cities. In Williams, a raised edge estimated at between about 1.4 and 2 inches was enough to send the negligence claims back to the trial court.
What if I knew about the raised edge or fell more than once?
That doesn’t automatically end your case. After Kandil-Elsayed v. F & E Oil and Bowerman, what you knew generally goes to breach and comparative fault. Your recovery can be reduced by your share of fault. If you’re more than 50 percent at fault, you can’t recover noneconomic damages. We explain the shift in our post on premises liability after Kandil-Elsayed.
My lease expired. Can I still bring a claim?
Possibly. Mr. Williams was a month-to-month tenant when he fell. The Court noted that his lease terms carried over and went on to analyze his statutory claim. Your own lease language matters.
How long do I have to file a claim in Michigan?
Michigan generally allows three years to file a personal injury claim. Claims involving a government entity can have much shorter notice deadlines, so speak with an attorney promptly.
Is Williams binding on other Michigan courts?
No. Williams is an unpublished opinion, so it isn’t binding precedent under MCR 7.215(C)(1). Courts may still consider it persuasive. Bowerman is a Michigan Supreme Court decision.
Talk to a Michigan Slip and Fall Lawyer
If you or a loved one was hurt on an uneven sidewalk in a mobile home park, apartment complex, or other private property, don’t assume the case is over because the defect is small. The attorneys at Olsman MacKenzie Peacock hold property owners, managers, and contractors accountable for serious injuries across Michigan. Our premises liability results show the kinds of cases we handle.
Contact us today or call 1-800-366-8653 for a free, confidential consultation. There’s no fee unless we recover for you.
Source: Read the full Michigan Court of Appeals opinion in Williams v. Creekside Huron Shores, LLC
This post is for general information and is not legal advice. Every case turns on its own facts. To discuss your specific situation, contact a licensed Michigan attorney.
About the Author
Donna MacKenzie is a partner at Olsman MacKenzie Peacock and a past president of the Michigan Association for Justice. She has recovered millions of dollars for Michigan families in nursing home, assisted living, and personal injury cases, and is recognized in Best Lawyers in America and Michigan Super Lawyers.