Yesterday Senator Kuipers introduced SB 1475, a bill that would reinstate the two-inch rule for sidewalk defects.
The long-standing two inch rule gave local units of government a rebuttable inference that a sidewalk was reasonably maintained if a defect was less than two inches.
Earlier this year the Michigan Supreme Court reversed the two-inch rule for sidewalk defects in Robinson v. City of Lansing. The court held the two-inch rule applied only to sidewalks adjacent to county highways meaning the rule would not cover many local sidewalks.
Senator Kuipers' bill redefines highways and sidewalks to reinstate the two-inch rule for local sidewalks.
Samantha Harkins works for the Michigan Municipal League handling municipal services issues. She can be reached at 517-908-0306 or email at sharkins@mml.org
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