Attorney Matt Cross Obtains Summary Disposition of a Premises Liability Claim Against Northern Michigan Municipality

Matt Cross, a partner in our Traverse City office, recently obtained summary disposition of a premises liability claim against a northern Michigan municipal client.

The case involved a trip and fall at a public library. In granting summary disposition, the court affirmed that the “public building exception” to governmental immunity does not extend to temporary or movable items within a public building.

This ruling reinforces that municipalities generally maintain immunity from liability for injuries caused by non-permanent conditions in a public building. The court specifically determined that an upturned, movable rug, which caused a plaintiff to fall, was a “transitory condition” and not a permanent fixture of the building. This distinction is crucial, as the public building exception applies only to dangerous or defective conditions of the building itself or its permanent fixtures.

This case underscores the importance of understanding the nuances of governmental immunity and its exceptions. For municipalities, this decision is a favorable outcome, limiting potential liability for incidents involving temporary items within public buildings. It serves as a reminder that robust legal defense in such matters can uphold governmental immunity, protecting public resources.

Matthew Cross is a partner in the Firm’s Traverse City office where he focuses his practice on municipal law, zoning and land use, law enforcement defense and litigation, insurance defense, and general litigation. He has experience handling employment law, personal injury defense, marijuana licensing litigation, civil rights litigation, constitutional litigation, and other municipal issues. He may be reached in our Traverse City office at (231) 922-1888 or mcross@cmda-law.com.