Michigan Governmental Immunity
The Government Tort Liability Act, its narrow exceptions, and the 120-day notice rule.
Michigan Governmental Immunity Definitions
The Government Tort Liability Act, its narrow exceptions, and the 120-day notice rule.
- G Governmental Immunity Link
-
The general rule in Michigan that governmental agencies (state and local governments, and their employees acting within the scope of their employment) are immune from tort liability. This immunity is established by Michigan's Governmental Tort Liability Act (GTLA), MCL 691.1401 et seq. Governmental immunity is a significant barrier to injury claims against police agencies, municipalities, school districts, MDOT, and other public bodies. See our statute guide: Michigan governmental immunity.
- G Governmental Tort Liability Act (GTLA) Link
-
The Michigan statute (MCL 691.1401 et seq.) that codifies the general rule of governmental immunity while also establishing specific exceptions. Understanding which exception applies is essential to any claim against a government entity in Michigan.
- G Gross Negligence Exception Link
-
Under MCL 691.1407(2), individual government employees (not the governmental agency itself) can be held personally liable for injuries when their conduct constitutes "gross negligence" - conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results. The employee must also have been acting outside the scope of their authority or with malicious intent. This exception allows injured persons to sue police officers, public school employees, and other government workers in appropriate cases.
- H Highway Defect Exception Link
-
Under MCL 691.1402, a governmental agency can be held liable for injuries caused by failure to maintain a public highway in "reasonable repair." The government is required to keep roadways reasonably safe for public travel. Claims under this exception must comply with a strict 120-day written notice requirement under MCL 691.1404.
See also - M Motor Vehicle Exception Link
-
Under MCL 691.1405, a governmental agency can be held liable for injuries resulting from the "negligent operation of a governmental motor vehicle" by a government employee acting within the scope of their authority. This exception applies to police vehicle accidents, government vehicle crashes, and similar incidents. However, pursuit-related crashes are subject to additional standards.
- N Notice Requirement (Governmental Claims) Link
-
Under MCL 691.1404, a person intending to sue a governmental agency for a highway defect must serve written notice on the governmental entity within 120 days of the injury. The notice must include the location and nature of the defect, date of the injury, and the claimant's name and address. Failure to provide timely notice is grounds for dismissal of the claim.
- P Public Building Exception Link
-
Under MCL 691.1406, a governmental agency can be held liable for injuries caused by a dangerous or defective condition in a public building, when the agency had actual or constructive knowledge of the defect. This exception covers courthouses, schools, government offices, public parks facilities, and other public buildings.
This glossary is provided for general informational purposes only and does not constitute legal advice. Reading this glossary does not create an attorney-client relationship. Laws change and Michigan statutes may be amended after the date this glossary was last updated. Always consult a licensed Michigan attorney for legal advice specific to your situation.