[co-author: Alexis Behnke, Summer Associate]
As a property owner in Michigan, you may have questions about your responsibilities related to the public sidewalk that runs in front of your home or business. If someone is injured on that sidewalk, are you liable? The answer depends on multiple factors - as is the case with many legal questions. Depending on the municipality you live in, you may have a particular duty to maintain your sidewalk. Additionally, Michigan case law establishes that if a landowner is responsible for creating a hazard on the sidewalk, and then someone is injured, the landowner is liable.
In Michigan, the responsibility to maintain and potentially even replace a public sidewalk often depends on local ordinances. Below are just a few examples of the duty a property owner has for sidewalk maintenance in various cities.
Lansing
In Lansing, under city ordinance No. 1078 §1, 10-11-04, it is the responsibility of a property owner who has a public sidewalk abutting their property to take care of snow and ice on the sidewalk.
Detroit
Detroit City Code, Sec. 7-402, generally places the responsibility for clearing and repairing a sidewalk on the property owner. The exception to this ordinance is when the damage to the sidewalk is from a tree. In that case, the damage may qualify to be fixed free of charge under the city’s “Sidewalk Program.” A Detroit homeowner can report the damage and within 60 days the city will send an inspector to assess the sidewalk. They will then determine if the city will repair or replace the sidewalk free of charge.
Grand Rapids
Grand Rapids is another city that places the responsibility of keeping sidewalks clear on the homeowners. Per city ordinance, Section 4.89, the owner of every property within the city who has a public sidewalk adjoining their property must clear the sidewalk of ice or snow accumulation within 24 hours. If the resident does not clear the sidewalk within 48 hours of the city notifying them to clear the sidewalk, then the city will clear the sidewalk for the resident. The city will charge the owner of the property for the cost of the snow removal. All costs and fees under that removal will be a personal debt owed to the city by the owner of the house and may be assessed as a lien against the property until paid.
What If There Is No Ordinance?
Even if there is no local ordinance for your municipality, Michigan law still imposes potential liability on landowners who have a public sidewalk on their property – but only in specific circumstances.
Michigan courts have consistently held that a property owner is not automatically liable for injuries occurring on a public sidewalk solely due to snow, ice, or surface defects.[1] However if a homeowner or business owner chooses to clear snow or attempt repairs, they must do so with reasonable care. If a landowner’s actions make the sidewalk more hazardous – such as creating uneven ice patches – the property owner may be held liable for the resulting injuries.[2] Therefore, it is important to have care and consideration for pedestrians when removing ice and snow from the sidewalk. Taking care and consideration to avoid creating new hazards will reduce the potential for personal liability for injuries on the sidewalk on the landowner’s property.
This principle not only applies to residential properties, but also to commercial properties. Business landowners are not held to a higher standard. A property owner’s liability depends on whether their conduct contributed to a dangerous condition.
Michigan courts have also clarified that property owners are not responsible for repairing defects to public infrastructure that is on the public sidewalk in front of their property (such as streetlights or exposed wiring). However, a property owner may be liable if they attempt to address the hazard themselves and instead worsen the situation.[3] For example, if a homeowner tries to cover up electrical wires that fell from a public lamp post onto the sidewalk outside their home, and instead increases the risk of harm for someone on the sidewalk—they could be found liable for injuries.
Best Practices to Avoid Liability
To protect against potential liability and to ensure pedestrian safety, property owners should stay informed on local ordinances and act quickly and carefully when clearing snow or ice, to avoid creating new hazards. It is also important for property owners to avoid DIY repairs to public sidewalks. Instead, property owners should hire a professional or contact the city if repairs need to be made. Lastly, property owners should report major defects (i.e., cracks due to tree roots or exposed wires) to the appropriate municipal department as soon as they are discovered.
Being proactive and cautious can allow property owners to not only ensure public safety but can also limit their exposure to legal claims.
[1] Weirder v. Goldsmith, 91 N.W.2d 283 (Mich. 1958).
[2] Devine v. Al’s Lounge, 448 N.W.2d 725 (Mich. App. 1958).
[3] Haaksma v. City of Grand Rapids, 634 N.W.2d 390 (Mich. App. 2001).
