MCL 691.1401 defines a “highway” was “highway means a public highway, road, or street that is open for public travel and includes bridges, sidewalks, trail ways, crosswalks, and culverts on the highway.  The term highway does not include alleys, trees, and utility poles.”   

MCL 691.1402 says in pertinent part “. . . each Governmental agency having jurisdiction over highways, shall maintain the highway in reasonable repair so that it is reasonably safe and convenient for public travel.  A person who sustains bodily injury or damage to his or her property by reason of failure of a Governmental agency to keep a highway under its jurisdiction and reasonable repair and in condition reasonably safe and fit for travel, must recover the damages suffered by him or her from the Governmental agency.” 

As previously stated, a person is entitled to recover both property damage and damages related to any injuries sustained as a result of the defect.  However, a person seeking to recover from the Governmental agency must be able to establish that the Governmental entity was aware of the defect more than thirty days before the damage or injury occurred. Notice may be established by other complaints about the defect made to the municipality or Governmental agency.  An injured party is entitled to a presumption that the Governmental agency had knowledge of the defect and time to repair the defect so long as the “defect” existed so as to be readily apparent to an ordinary observant person for a period of thirty days or longer before the injury took place. 

It is extremely that someone seeking to recover for property damage or personal injury as a result of a defect provide the proper notice to the Governmental agency.  Otherwise, their claim will be barred completely. 

MCL 691.1404 contains the rules concerning notice to a Governmental agency.  The statute requires that the person provide notice within 120 days from the time the injury occurred.  The notice may be served upon any individual personally or by certified mail (return receipt requested), who may lawfully be served with civil process directed against the Governmental agency.  Different rules apply to providing notice to the State of

Sixty additional days are added to the 120 day notice for any person who is under the age of eighteen at the time of the injury. Michigan law generally requires that a person who is injured as a result of a motor vehicle accident establish a “threshold injury” before being allowed to move forward with their personal injury actions.  There is no “threshold injury” that is required in a case against a Governmental agency for a defect in the highway.  Any injury that is shown to have been caused by the defect is compensable under Michigan Law. 

Do not delay in contacting an attorney to discuss a potential pothole accident case or highway defect claim. Time is of the essence for preserving these claims.  My office handles these on a regular basis throughout Michigan and we recognize the importance of acting quickly on the case.  Feel free to contact me to discuss your case.

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