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MI SB1475

Bill

Status

Engrossed

11/9/2010

Primary Sponsor

Wayne Kuipers

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Origin

Senate

95th Legislature

AI Summary

  • 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.

  • Creates a rebuttable presumption that a municipal corporation maintained a sidewalk in reasonable repair if a discontinuity defect measures less than 2 inches vertically.

  • 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.

  • Specifies that governmental agencies' duty to maintain highways extends only to the improved portion designed for vehicular travel, excluding alleys, trees, and utility poles.

  • 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

Committee Referrals

Judiciary9/7/2010

Full Bill Text

No bill text available