Michigan Governmental Immunity Exceptions: When You Can Sue a City, County, or State Agency
Comprehensive Legal Guide | The Michigan Legal Center | Law Offices of Christopher Trainor & Associates
Can you sue a city or government agency in Michigan?
Generally, no. But Michigan's Governmental Tort Liability Act (MCL 691.1401 et seq.) creates five specific exceptions that open the door: the highway exception, the public building exception, the motor vehicle exception, the proprietary function exception, and the sewage and drain exception. Each carries its own strict notice deadlines, some as short as 45 days, and specific damage caps. Missing a notice deadline eliminates your right to sue, regardless of how strong your case is.
When the Government Hurt You and You Were Told You Can't Sue
You slipped on a broken step in a county courthouse. A pothole the city had been ignoring for months sent your car sideways and your neck into three months of physical therapy. A city-owned truck ran a red light and hit you. A sewer backup destroyed the basement that your family used every day.
You looked for answers and ran into the same wall: you can't sue the government.
That is not entirely true. And it may not be true in your case at all.
Michigan law does give government agencies significant protection from lawsuits. That protection is called governmental immunity, and it applies to cities, counties, the state, school districts, and most other public bodies. But the Michigan Legislature carved out five specific exceptions — situations where a government entity can and must be held accountable, the same way any private defendant would be.
If the government's conduct involved a constitutional violation — excessive force, unlawful arrest, or civil rights violations by a government employee — a separate framework applies. See our guide to Section 1983 and Monell claims in Michigan.
Those exceptions have strict rules. They have notice deadlines that most injury victims have never heard of. And they have damage caps that you need to understand before you evaluate whether to pursue a claim.
This guide walks through every exception in plain language: what it covers, what evidence you need, and exactly what deadlines you cannot afford to miss.
What Is Michigan Governmental Immunity?
Governmental immunity is the legal principle that a government entity cannot be sued in tort unless the law specifically permits it. In Michigan, the rule is codified in the Governmental Tort Liability Act (GTLA), MCL 691.1401 et seq.
Under MCL 691.1407(1), a governmental agency is immune from tort liability in all cases where it is carrying out a governmental function, unless one of the five statutory exceptions applies. The Michigan Supreme Court has interpreted this immunity broadly, which means the burden falls on the injured person to show that an exception applies.
KEY DISTINCTION
A "governmental function" = something only the government does (police, courts, fire, public schools).
A "proprietary function" = something a private business could also do (parking garages, stadiums, some utilities).
The distinction matters because proprietary functions are NOT protected by immunity.
One important boundary: federal civil rights claims under 42 U.S.C. § 1983 are not subject to the GTLA. The Supremacy Clause prevents Michigan's immunity doctrine from barring federal constitutional claims. If your injury involved police misconduct, excessive force, or a constitutional violation by a government employee, see our Section 1983 and Monell guide for the framework that applies.
The baseline: Michigan governmental immunity is broad. The exceptions are narrow, specific, and full of procedural traps. Every one of them benefits from the guidance of an attorney who knows how Michigan courts have interpreted these statutes.
The Five Exceptions to Michigan Governmental Immunity
Michigan law recognizes five situations where government immunity is waived and a lawsuit is permitted. Each exception has different requirements, notice deadlines, and damage limits.
Exception 1: The Highway Exception (MCL 691.1402)
What it covers:
- Potholes and road surface defects on city streets and county roads
- Crumbling pavement, broken asphalt, or unstable road surfaces
- Dangerous bridge or overpass conditions
- Missing or defective guardrails on roadways
- Road design defects that create unreasonable physical hazards
What it does NOT cover:
- Sidewalks running alongside (but separate from) the roadway itself
- Traffic signals, signs, or road markings in most circumstances
- Private roads, even if they are open to the public
- Roads that the government entity does not have jurisdiction to maintain
This is the exception most frequently invoked in cases of pothole accidents, road-surface failures, and bridge defects. The 60-day notice window is absolute. Michigan courts have consistently refused to toll or extend it. If you were hurt on a government-maintained road, your clock is already running.
Important case note: In Ray v. Swager, 501 Mich. 52 (2017), the Michigan Supreme Court clarified that the "highway" covered by this exception is generally limited to the traveled portion of the roadway itself, not adjacent sidewalks, curbs, or landscaped areas. Knowing exactly where you were injured matters.
Exception 2: The Public Building Exception (MCL 691.1406)
What it covers:
- Dangerous floors, broken staircases, or structural defects inside government buildings
- Defective doors, windows, or ceilings that cause injury to a visitor
- Defective building systems (elevators, escalators, heating infrastructure) that create hazards
- Physical defects in the structure immediately around the building's entrance
What it does NOT cover:
- Land or grounds surrounding the building (evaluated separately)
- Negligent acts by individual government employees inside the building
- Defects that the agency had no reasonable way of knowing about
- Temporary conditions (wet floors, spilled materials) unrelated to the building's permanent structure
Michigan courts applying this exception focus on two requirements:
- The building must have been open for use by members of the public at the time of the injury.
- The defect must have been in the physical structure of the building itself, not in the conduct of people inside it.
The line between a "building defect" and an "employee's negligence" can be contested, and the facts of your specific situation will drive the analysis.
Exception 3: The Motor Vehicle Exception (MCL 691.1405)
What it covers:
- City buses, county trucks, state agency vehicles involved in accidents caused by driver negligence
- Police cars, fire trucks, utility vehicles, and public works vehicles operated negligently during routine duties
- Government vehicles of any type where the driver's error caused the collision
What it does NOT cover:
- Contractor or vendor vehicles; those are covered by private insurance, not governmental immunity rules
- Injuries caused by the design or manufacturing of the vehicle rather than how it was driven
- Gross negligence claims against individual officers during emergency pursuits, which involve a separate, higher legal standard
Running lights and sirens does not give government drivers immunity from consequences. Under MCL 691.1407(2), a government employee can still face personal liability if their conduct constitutes gross negligence. And when the employee is acting within the scope of their government duties and driving a government vehicle, the agency itself is the right defendant. The key question your attorney will investigate: exactly what was the driver doing at the moment of impact, and does the emergency vehicle exception apply?
Exception 4: The Proprietary Function Exception (MCL 691.1413)
What it covers:
- Government-owned and operated paid parking structures and surface lots
- Municipal utilities operated as profit-generating commercial enterprises
- Government-run recreational facilities, arenas, or venues that charge fees for entry
- Municipal airports and transit operations in certain commercial contexts
What it does NOT cover:
- Core law enforcement, fire protection, and judicial functions (always governmental)
- Public education and school administration
- Zoning, permitting, and code enforcement
- Most traditional public services provided without a profit motive
This is the most conceptually complex of the five exceptions. The Michigan Supreme Court has described a proprietary function as one "exercised for profit or which partakes of the nature of a private business." The line between governmental and proprietary is often contested and fact-specific. If you were injured at a government-owned venue, parking facility, or utility-operated site, do not assume immunity applies. The analysis depends on how the facility was operated, not just who owned it.
Exception 5: The Sewage Disposal System Exception (MCL 691.1417)
What it covers:
- Raw sewage backup into a private home or business caused by a government-owned sewer system
- Storm drain overflow or failure causing property flooding or damage
- Sewer infrastructure defects the government knew about or reasonably should have known about
What it does NOT cover:
- Damage caused by extreme weather or acts of nature that overwhelmed the system
- Situations where the private property owner's own plumbing contributed substantially to the backup
- Sewer or drain systems owned and operated by private entities, not a government agency
The sewage exception is notable because the notice period runs from discovery of the damage. This means if you did not immediately understand the source of the problem, the clock may have started later than the day of the incident. Document everything immediately:
- Photograph all damage.
- Get an independent plumber's assessment confirming the source.
- Request the agency's service and maintenance records for the relevant infrastructure through FOIA.
Notice Requirements: The Deadlines That Can End Your Case
In most personal injury cases, Michigan's standard statute of limitations gives you three years to file a lawsuit. Governmental immunity cases are different. Several exceptions require written pre-suit notice within weeks of the incident. Missing that deadline ends your claim permanently, regardless of how strong the underlying case is.
| Exception | Statute | Notice Deadline | Authority |
|---|---|---|---|
| Highway Exception | MCL 691.1402 | 60 days from accident | MCL 691.1404 |
| Sewage / Drain Exception | MCL 691.1417 | 45 days from discovery | MCL 691.1419 |
| Public Building Exception | MCL 691.1406 | 3-year statute of limitations* | MCL 600.5805 |
| Motor Vehicle Exception | MCL 691.1405 | 3-year statute of limitations* | MCL 600.5805 |
| Proprietary Function Exception | MCL 691.1413 | 3-year statute of limitations* | MCL 600.5805 |
* For exceptions without a specific short-notice statute, many Michigan cities and counties have enacted local ordinances requiring notice within 60 to 120 days. Always verify local requirements immediately after an incident involving a government entity.
What Your Written Notice Must Include
- The exact date and time of the incident
- The precise location of the defect or the accident (address, GPS coordinates if possible)
- A description of the defect, dangerous condition, or negligent act
- A description of your injuries and damages sustained
- The names and contact information for all persons injured
- Your name and mailing address for the agency's response
Defective notice — notice that omits required details or is sent to the wrong agency — may be treated as no notice at all. Courts require substantial compliance, not just a good-faith attempt. The right attorney will get this right the first time.
Damage Caps: What to Expect Before You File
Even when you qualify under an exception to governmental immunity, your recovery may be limited by statutory damage caps. These limits vary by exception and by which level of government you are suing.
| Exception | Per Claimant Cap | Per Occurrence Cap | Authority |
|---|---|---|---|
| Highway (against the State) | $400,000 per claimant | $1,200,000 per occurrence | MCL 600.6023 |
| Sewage / Drain | Actual property restoration costs | Varies | MCL 691.1416 |
| Motor Vehicle / Public Building | No specific statutory cap | General tort rules apply | MCL 600.5805 |
These caps do not make a claim not worth pursuing. A $400,000 recovery for a single plaintiff injured in a catastrophic road defect accident is significant. What these caps mean in practice is that your attorney needs to identify every available defendant early — including private contractors who maintained the road or building and who are not shielded by governmental immunity at all.
Private maintenance contractors, construction companies, design firms, and subcontractors are subject to standard tort law with no caps and no immunity. In many governmental injury cases, those private defendants carry meaningful insurance and represent a substantial portion of total recovery.
Building Your Case: What Evidence You Need
Evidence gathering in government claims is different from a standard car accident case. Government agencies are required to maintain records, but they are not obligated to hold them forever. The Freedom of Information Act (FOIA, MCL 15.231 et seq.) gives you the right to request those records, but only if you act before they are purged.
For Highway Exception Claims
- Photographs of the exact road defect, taken as soon as possible after the accident
- GPS or geotagged photos to establish the precise location
- Prior complaint records: submit a FOIA request asking for all service requests, pothole reports, and maintenance logs for that road segment
- Road inspection logs showing when the defect was last evaluated and what action was taken
- Witness statements from others who have encountered or reported the same defect
- Your full medical records documenting injuries and causation
For Public Building Claims
- Photographs of the structural defect, taken immediately
- The building's maintenance and inspection logs (FOIA request)
- Prior incident reports filed at the same location
- Security camera footage — request preservation immediately, as retention periods are often 30 days or less
- Any prior complaints or work orders related to the defective condition
For Motor Vehicle Claims
- The official police report
- Dashcam footage from the government vehicle (request preservation immediately; agencies are not required to retain it indefinitely)
- GPS and dispatch records showing where the driver was going and what they were doing
- The driver's personnel file and training records (relevant when a pattern of negligence exists)
- Vehicle maintenance records showing whether the vehicle was in safe operating condition
For Sewage and Drain Claims
- Photographs and video of all property damage, taken immediately upon discovery
- An independent plumbing inspection confirming the source of the backup
- The agency's service records for the relevant sewer or drain infrastructure (FOIA request)
- Prior complaints or repair orders showing the agency had knowledge of the problem
- Contractor estimates documenting the full cost of property restoration
Frequently Asked Questions
Can I sue the City of Detroit for a pothole accident in Michigan?
Yes, if you can show the pothole was on a city-maintained road, that the city had actual or constructive notice of the defect before your accident, and that you submitted written notice to the City within 60 days under MCL 691.1404. Pothole claims under the highway exception are among the most common governmental immunity cases in Michigan. The city's prior complaint records, available through FOIA, are often the most critical piece of evidence.
Can I sue a Michigan school district for my child's injury on school property?
It depends on where and how the injury happened. School districts are governmental entities and are generally immune. But injuries inside a school building may qualify under the public building exception if the building itself was defective. Injuries caused by school-owned vehicles fall under the motor vehicle exception. Injuries during school activities, on playgrounds, or in parking lots involve a more complex analysis and may involve both governmental immunity and separate claims against individual employees.
What if a private contractor maintained the road or building that caused my injury?
Private contractors are not protected by governmental immunity. If the government hired a company to maintain a road, repair a building, or operate a system, and that company's negligence caused your injury, you can pursue the contractor directly under standard tort law: no immunity shield, no special notice deadlines, no statutory damage caps. Identifying contractors early is one of the most important steps in any government injury case.
What is the statute of limitations for suing the government in Michigan?
Michigan's standard personal injury statute of limitations is three years under MCL 600.5805. But the notice requirements for governmental claims, as short as 45 to 60 days for some exceptions, must be met separately and before any lawsuit is filed. Meeting the notice deadline preserves your right to eventually file a lawsuit. Missing it forfeits that right entirely. Never assume you have three years to figure out your options.
Do I need a lawyer to file a claim against a Michigan government agency?
You are not required to have one. But the notice deadlines are short and exact. The FOIA process for obtaining government records requires knowing what to request and how to frame those requests. The analysis of which exception applies is genuinely complex. And government agencies are represented by experienced defense attorneys whose job is to find procedural grounds to dismiss your claim. The stakes of getting any of this wrong are permanent. A missed notice deadline cannot be fixed. An attorney who has handled these cases changes your odds significantly.
Can a government agency be sued for gross negligence by an employee?
Yes, with important distinctions. While the government entity itself is generally immune except through the five statutory exceptions, individual government employees are not immune for acts that constitute gross negligence under MCL 691.1407(2). The definition of gross negligence is conduct so reckless that it shows a substantial lack of concern for whether an injury results. This is a higher standard than ordinary negligence, and successfully pursuing both the agency and the individual employee requires a careful analysis of the specific facts.
Legal Disclaimer: The information in this blog post is provided for general educational purposes only. It does not constitute legal advice and reading it does not create an attorney-client relationship between you and the Michigan Legal Center, Law Offices of Christopher Trainor & Associates, or any of its attorneys.
Every case is different. The facts, injuries, deadlines, and applicable law in your situation may lead to a different outcome than what is discussed here. Past results described on this site do not guarantee a similar result in your case. Case results described in this post reflect specific facts and circumstances and are not a guarantee of future outcomes.
Michigan law, including the Michigan No-Fault Act and applicable statutes of limitations, changes over time. While we work to keep our content accurate and current, we cannot guarantee that every article reflects the most recent legal developments at the time you read it.
Legal deadlines in Michigan are strict. Missing a filing window can permanently bar your claim. If you have questions about your timeline, call us before that window closes.
If you have been injured or believe your rights have been violated, do not rely on a blog post to guide your decisions. Contact Christopher Trainor and the Michigan Legal Center at (248) 886-8650 for a free consultation. You deserve a real conversation about your specific situation, not a general article.
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Internal Links: Section 1983 and Monell Claims in Michigan [LINK: /blog/section-1983-vs-monell-claim-michigan/], Michigan Civil Rights Lawyer [LINK: /michigan-civil-rights-lawyer/], Michigan Car Accident Lawyer [LINK: /michigan-car-accident-lawyer/], Michigan Statutes Reference [LINK: /michigan-statutes/]
External Links (confirm active): MCL 691.1401 — Michigan Legislature, MCL 691.1417 — Michigan Legislature, MCL 15.231 (FOIA) — Michigan Legislature, Ray v. Swager, 501 Mich. 52 (2017) — Justia