Slip and fall accidents can happen anywhere, but when they occur inside a public building, the legal process for pursuing compensation becomes more complicated. Unlike private property claims, falls in government-owned buildings involve strict rules, shorter deadlines, and special legal protections that can make or break your case.

Whether you slipped on wet tile in a courthouse, tripped on damaged stairs in a city hall, or fell in a poorly maintained public school, it’s important to understand who is liable for a slip and fall in Michigan, especially when a government entity is involved. This guide explains where these incidents typically happen, how the “public building exception” works, and what steps you need to take to hold a government entity accountable.

Where Public Building Falls Commonly Happen

Government-owned buildings across Michigan serve the public daily but they’re not always properly maintained. When wet floors, broken steps, or poor lighting aren’t addressed, visitors can suffer serious injuries. These falls often happen in high-traffic areas that the city, county, or state is responsible for keeping safe. Common locations for public building slip and fall accidents include:

  • City halls and municipal buildings
  • County courthouses
  • Police departments and sheriff stations
  • Public schools, universities, and libraries
  • Secretary of State (DMV) offices
  • Post offices and public service centers
  • Community centers and recreation buildings

Below is a breakdown of where these falls typically occur and what kinds of hazards are often involved:

🏛️ Public Building⚠️ Typical Fall Hazard🚧 Maintenance Responsibility
🏫 Public SchoolsWet floors, loose tilesSchool district or local government
🏢 City Halls & CourthousesCracked steps, slippery entrywaysCity or county facility management
📚 LibrariesSpilled drinks, loose matsMunicipality or library board
🚓 Police DepartmentsUneven sidewalks, poor lightingLocal government or municipal property
🏤 Post Offices & DMVsIce buildup outside, dirty floorsFederal or state government (case-specific)

What Makes a Government Slip and Fall Case Different?

Filing a claim after a fall in a public building isn’t the same as suing a private business or property owner. That’s because government entities in Michigan are generally protected by immunity laws which means they can’t be sued unless a specific legal exception applies. Even when you qualify under an exception, the process is more complex and time-sensitive than a typical slip and fall case.  Here’s what sets government slip and fall claims apart:

  • Governmental Immunity: Local and state agencies are shielded from lawsuits unless the case fits a specific legal exception—like the “public building exception” under Michigan law.
  • Strict Deadlines: You must file a formal written notice of injury within 120 days of the accident, or your case may be barred entirely.
  • More Legal Hurdles: It’s not enough to show that you fell. You must prove that the public building was in a dangerous or defective condition, that the government knew or should have known about it, and that it wasn’t reasonably addressed.
  • Aggressive Defense: Government agencies are quick to deny claims and rarely settle without a legal fight. These cases often require more investigation, legal filings, and expert testimony than a standard personal injury claim.

The key takeaway? If you’re injured in a public building, you have less time, more rules, and a higher burden of proof than in a private premises liability case.

Michigan’s “Public Building Exception” to Government Immunity

Michigan law generally protects government entities from personal injury lawsuits but there’s a critical exception that may apply to slip and fall accidents: the public building exception, found under MCL 691.1406.  This exception allows you to sue a governmental agency if you were injured by a dangerous or defective condition in a public building that is open to the public and used by the public. But simply falling in a public building isn’t enough. You must also prove:

  • The building was physically unsafe or defective
  • The condition was permanent or ongoing, not temporary
  • The government had actual or constructive notice of the hazard
  • The hazard caused your injury while the building was open for use

If the condition was “transitory” (e.g., a freshly spilled drink), or if the area was closed off, the exception might not apply. These cases require a deep understanding of Michigan’s immunity laws and how courts have interpreted them. Here’s a simplified breakdown:

🏛️ Scenario✅ Exception Applies?📝 Why or Why Not?
🪜 Broken handrail in courthouse stairwell✅ YesPermanent defect in public building
💧 Water spill in DMV lobby❌ NoTemporary hazard, not a structural defect
🪟 Loose ceiling tile fell in city office✅ YesOngoing maintenance issue, known safety hazard
🚪 Slipped in a closed-off section of a library❌ NoArea not open for public use at the time
🪵 Cracked flooring in community center✅ YesStructural issue the government failed to repair

Proving that your case fits the public building exception is one of the most critical and most challenging steps in securing compensation from a government agency.

Proving Negligence in a Public Building Fall Case

Slip and fall cases against government entities come with a higher legal burden. It’s not enough to show that you were injured, you must prove that the fall was caused by a dangerous or defective condition that the government knew about (or should have known about) and failed to correct in a reasonable amount of time.  Here’s what’s typically required to establish liability:

  • Evidence of a physical defect: The condition must be tied to the building itself like broken stairs, a loose railing, or cracked flooring. Temporary conditions like spilled liquids or fallen objects generally don’t qualify.
  • Proof the hazard was known or should have been known: You must show that the city, county, or state had notice of the problem or that it existed long enough they should have noticed it through reasonable inspection.
  • Failure to repair or warn: Even if the government knew about the condition, they may try to argue they didn’t have enough time to fix it. Prompt reporting and documentation help counter this defense.
  • Causation and damages: You must clearly link the condition to your fall and show measurable injuries like medical records, missed work, and long-term limitations.

These cases often hinge on maintenance logs, inspection records, and whether the hazard was obvious to the government but ignored. That’s why acting quickly to preserve evidence can make all the difference.

Steps to Take After Falling in a Government-Owned Building

If you slip and fall in a public building, your actions in the hours and days that follow are critical. Government claims come with stricter deadlines and more procedural hurdles than typical injury cases so you need to move quickly and carefully.  Here’s what to do immediately after the fall:

📋 Step📌 Why It Matters
📣 Report the incident immediatelyCreates a record with the building staff or security personnel
📸 Document the hazardPhotos may be the only proof if the hazard is quickly repaired
👥 Identify witnessesSupport your version of the event if liability is disputed
🏥 Seek prompt medical treatmentLinks your injuries to the incident and creates documentation
📨 File notice with the governmentMust notify the correct agency within 120 days in Michigan
⚖️ Contact a lawyer right awayPublic building claims are technical and time-sensitive

The 120-day notice deadline under Michigan law is strictly enforced. If you miss it, your case can be dismissed even if your injuries are serious and the government was clearly at fault.

Why You Need a Lawyer for Public Building Slip and Fall Claims

Public building injury cases are some of the most complicated slip and fall claims in Michigan. Between immunity defenses, notice requirements, and strict filing deadlines, even a minor mistake can result in your case being thrown out before it’s ever heard.  Here’s why working with an attorney is critical:

  • Government agencies have legal immunity by default.  You need to fit within a narrow exception.
  • You only have 120 days to file proper notice of the injury with the correct agency.
  • Evidence disappears fast.  Government property is often cleaned or repaired quickly after an incident.
  • You may be dealing with local, county, or state authorities, each with their own legal teams.
  • Proving liability often requires expert testimony, inspection records, and deep knowledge of Michigan immunity law.

A lawyer can quickly determine whether the public building exception applies, file all required notices and legal documents, and build a case that gives you the best chance at full compensation. Explore more public and private spaces where slip and fall injuries occur in our guide to common fall locations.

Frequently Asked Questions About Slip and Falls in Public Buildings

What is the public building exception in Michigan?

It’s a legal rule that allows people to sue a government agency if they’re injured due to a dangerous or defective condition in a public building. The hazard must be structural or permanent—not temporary like a spilled drink.

Can I sue the city or state if I fall in a public building?

Yes, but only if your case qualifies under the public building exception. You must also file a formal notice within 120 days of the injury, or your claim could be dismissed.

What kinds of hazards qualify under the public building exception?

Typically, things like broken stairs, loose railings, damaged flooring, or falling ceiling tiles. Transitory hazards—like snow or spills—usually don’t qualify.

What if I slipped in a public school or courthouse?

These are both considered public buildings under Michigan law. If the injury was caused by a structural defect, you may be eligible to file a claim.

Do I need a lawyer for a government slip and fall case?

Absolutely. These cases involve strict legal requirements, shortened deadlines, and experienced government defense attorneys. A lawyer gives you the best chance of protecting your rights.

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