Governmental Immunity

To sue the State of Michigan, MCL 600.6431 generally requires a verified claim or notice of intention to file a claim within 1 year after the claim accrues. Claims for property damage or personal injury against the state generally have a shorter 6-month deadline.

Missing the correct Court of Claims timing rule can permanently bar a claim against the State of Michigan even if another limitations period has not expired. The applicable deadline depends on the type of state claim.

We identify state government defendants immediately upon intake and calendar the specific Court of Claims deadline as a first-priority action before addressing any other aspect of the claim.

The highway exception requires a governmental agency with jurisdiction over a highway to keep the highway in reasonable repair so it is reasonably safe and convenient for public travel. The statute limits the duty and liability to the improved portion of the highway designed for vehicular travel unless another provision applies.

Public-road defect claims are narrow and deadline-sensitive. Sidewalks, trailways, crosswalks, design theories, and installations outside the improved vehicular portion require separate legal review instead of assuming the highway exception applies.

We identify the responsible road authority, preserve location evidence, and evaluate whether the defect falls within the limited statutory highway exception before filing.

For highway-defect claims, a governmental agency is liable only if it knew, or should have known through reasonable diligence, about the defect and had a reasonable time to repair it before the injury. Knowledge and time to repair are conclusively presumed when the defect was readily apparent for 30 days or longer before the injury.

Highway-defect claims often turn on how long the defect existed and whether the responsible government agency had actual or constructive notice. Whether a particular location qualifies under the highway exception still must be analyzed separately.

We gather photographs, maintenance records, prior complaints, inspection logs, and witness evidence to prove how long the defect existed and whether the agency had a reasonable opportunity to fix it.

A person injured by a defective highway must generally serve written notice on the responsible governmental agency within 120 days of the injury. The notice must identify the location and nature of the defect, the injury sustained, and known witnesses.

Highway-defect claims can be lost before a lawsuit is filed if the required notice is not served correctly and on time. Claims against the State of Michigan also require the specific filing method required by the statute.

We identify the responsible road authority, prepare the required notice, preserve location evidence, and file quickly enough to protect highway-defect claims.

Government agencies can be liable for bodily injury and property damage caused by the negligent operation of a government-owned motor vehicle by a government officer, agent, or employee.

If you were hit by a police vehicle, school bus, city truck, county vehicle, snowplow, or other government-owned vehicle, this exception may allow a claim despite governmental immunity.

We pursue motor vehicle exception claims by obtaining crash reports, dashcam or bodycam footage, dispatch records, vehicle ownership records, and maintenance evidence.

Government agencies can be liable for injuries caused by a dangerous or defective condition in a public building if the agency had actual or constructive knowledge of the defect and failed to repair it or protect the public within a reasonable time. Knowledge is conclusively presumed if the defect was readily apparent for 90 days or longer, and the statute includes a 120-day notice requirement.

Slip and falls, structural failures, and other injuries in schools, courthouses, government offices, and other public buildings may qualify for this exception if the statutory requirements are met.

We document the building defect, identify the responsible agency, investigate prior notice, and serve any required notice quickly enough to preserve the claim.

Michigan's primary governmental immunity statute gives governmental agencies broad immunity from tort liability when they are exercising or discharging a governmental function, except as otherwise provided by the Act.

Governmental immunity is a powerful defense that can bar tort claims against a government entity. Identifying whether a statutory exception or a non-tort legal theory applies is essential from the beginning.

We identify the specific defendant, the function involved, and the strongest available exception or alternative legal theory before making immunity concessions.

Judges, legislators, and elective or highest appointive executive officials of all levels of government are immune from tort liability for injuries or property damage when acting within the scope of their judicial, legislative, or executive authority.

This provision can bar state tort claims against high-level government officials for covered official acts. Claims involving conduct outside the official's authority or claims under a different legal theory require separate review.

In cases involving high-level official conduct, we identify whether the claim is a barred state tort claim or whether another remedy, including a civil-rights or administrative remedy, should be evaluated.

A governmental agency is not immune when it is engaged in a proprietary function: an activity conducted primarily to produce a pecuniary profit, excluding activities normally supported by taxes or fees.

Determining whether a government activity is truly proprietary is heavily contested. Revenue alone is not enough; the activity must be primarily profit-driven and not normally tax- or fee-supported.

We analyze the purpose, funding, and revenue structure of government-operated facilities or programs to determine whether the proprietary function exception can overcome immunity.

This section defines which governmental entities the Governmental Immunity Act covers, including the state, counties, cities, townships, school districts, and other governmental agencies. It also defines what qualifies as a 'governmental function.'

Whether a defendant qualifies as a 'governmental agency' is the threshold question in every immunity case. Some quasi-governmental or privatized entities are not actually immune under this statute.

We research the legal structure and authority of every defendant before making immunity concessions — some entities that look governmental are not immune.

A governmental agency with jurisdiction over a highway is not liable on a negligent-design theory unless the highway was designed in violation of a standard in effect when it was designed and the agency had actual notice of the defect.

Design-defect claims against road agencies are narrow. They require attention to the design standard in effect at the time of design and proof of actual notice.

We use engineering review, road-authority records, and notice evidence to decide whether a negligent-design theory is available or whether the claim should focus elsewhere.