The sidewalk where she fell is near the rear end of the Marquis Theatre, and exit to Comerica Bank. Comerica Bank put in the ledge, however there is a dispute between both businesses about who owns the sidewalk.
Making matters worse, both the city of Northville and the police report note that the owners of the property had been notified of the danger of this curb multiple times, including notice from the Department of Public Works prior to Ms. Flanigan’s fall, including a fall by another patron.
Corporations and property owners in Michigan have a duty to make sure their property is safe and free of hazards…so one would think. Michigan courts have historically held that if what caused you to fall was “open and obvious” the property owner cannot be held responsible.
Michigan’s Open and Obvious Danger Doctrine protects property owners from any civil liability regarding injuries sustained by defects on their property if that defect could or should have been seen. The grey area lies in what could or should have been seen, and is very difficult to prove when going up against big businesses by yourself. So how do you protect yourself if you or a loved one is injured? It is to your benefit to hire an attorney who is experienced in these types of claims. At Goodman Acker, we have years of experience bringing claims against property owners for slip/trip and fall accidents, and winning despite the Open and Obvious Doctrine.
After the major public safety issue was exposed in the news media, Goodman Acker and our client, Mrs. Flanagan, appealed to Comerica Bank and the Marquis Theatre to do the right thing regarding the dangerous curb. Despite our best efforts to ensure that future patrons are safe from this condition on the property, and that Ms. Flanagan’s medical bills and needs are taken care of, Goodman Acker has been forced to file a lawsuit against both businesses for their negligence.
A lawsuit was filed April 17th by Goodman Acker in Oakland County Circuit Court.
"Comerica Bank and the Marquis Theatre continue to deny responsibility for the terrible injuries they caused to our client, even despite the well-known, continuing public danger. They have left our client with no choice but to file this lawsuit, and we are confident that our client’s day in court will make sure this dangerous curb never hurts anyone again," says Goodman Acker Partner Jordan Acker.
Goodman Acker, P.C. is dedicated to helping those who have suffered serious injury as a result of a personal injury accident. If you or a loved one need help call our office today at (248) 286-8100. We will be able to answer all your questions and advise you on your legal rights.