A Claim For Injuries Arising out of Highway Defect Claim Must Provide Notice In Writing Pursuant to Michigan Statute MCL 691.1404(1)

A claim for injuries arising out of a Highway Defect claim must provide notice in writing pursuant to Michigan Statute MCL 691.1404(1). This notice must be very specific. The notice must be in writing. The governmental entity that you have a claim against will try to have the claim dismissed for failure to comply with this notice requirement. Recent Michigan case law has made it clear that the notice must state the witnesses to actual injury event itself and does not require listing of all witnesses or witnesses after the fact. The statute requires only persons who “witness the occurrence” as well as a description of the defective condition of the road or sidewalk that you are complaining about.

It is extremely important if you have been injured arising out of a road defect or sidewalk defect claim, that you contact an attorney immediately. Failure to comply with the notice requirement of this statute, will result in any claim being dismissed.

Governmental Immunity Claims In Michigan

The Michigan legislature abolished tort liability for negligence by governmental entities as well as governmental employees with the passage of the Governmental Liability For Negligence Act in 1964. Governmental entities and their employees are immune from tort liability unless one of the following exceptions are met:

(1) A road defect claim against the governmental entity that has jurisdiction over the roadway for a defective condition of the road surface itself;

(2) Negligent operation of a governmental vehicle;

(3) A public building defect that causes an injury because of a defective condition of the building itself;

(4) A claim the governmental entity is operating a business or pecuniary profit that results in an injury; and

(5) Gross negligence of a governmental employee.

Design defect claims are not allowed under Michigan law. Design defect claims regarding public buildings and roadways are summarily dismissed by the trial court as defects by design are not allowed under this statute.

If you have been injured arising out of the involvement of a governmental entity, public roadway, a governmental owned vehicle; a public building, the gross negligence of a public employee, it is imperative that you seek legal help immediately as these cases are highly,