MI HB4686

Municipal corporations must maintain sidewalks in reasonable repair when installed adjacent to municipal, county, or state highways.

Municipal corporations are not liable for sidewalk defects unless the plaintiff proves the corporation knew or should have known of the defect at least 30 days before the injury occurred.

Municipal corporations have a presumption of maintaining sidewalks in reasonable repair that can only be rebutted by evidence of either a vertical discontinuity defect of 2 inches or more, or a dangerous condition of a particular character other than solely a vertical discontinuity.

Municipal corporations may assert common law premises liability defenses, including that the condition was open and obvious, in addition to other available defenses.

Municipal corporations' liability is limited by section 81131 of the natural resources and environmental protection act (1994 PA 451).