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MI SB1475
Bill
AI Summary
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Amends Michigan's governmental immunity law to clarify that municipal corporations must maintain existing sidewalks adjacent to municipal, county, or state highways in reasonable repair.
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Creates a rebuttable presumption that a municipal corporation maintained a sidewalk in reasonable repair if a discontinuity defect measures less than 2 inches vertically.
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Limits municipal corporation liability for sidewalk defects to cases where the municipality knew or should have known of the defect at least 30 days before injury and the defect was a proximate cause of the injury.
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Specifies that governmental agencies' duty to maintain highways extends only to the improved portion designed for vehicular travel, excluding alleys, trees, and utility poles.
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Applies the 2-inch discontinuity threshold presumption to any sidewalk maintained by a municipal corporation, which can be rebutted by evidence of specific dangerous conditions that caused the injury.
Legislative Description
Torts; governmental immunity; liability for a defect in a sidewalk; clarify that inference regarding a defect of less than 2 inches applies to any sidewalk maintained by a municipal corporation. Amends secs. 1, 2, & 2a of 1964 PA 170 (MCL 691.1401 et seq.).
Torts, governmental immunity
Last Action
Referred To Committee On Judiciary
11/9/2010