MI HB5816

Governmental agencies are not liable for injuries or damages caused by defective highways unless they knew or should have known of the defect and had reasonable time to repair it.

Knowledge of a highway defect and time to repair is conclusively presumed if the defect was readily apparent to an ordinarily observant person for 30 days or longer before the injury or damage occurred.

For potholes specifically, the presumption period is reduced to 7 days instead of 30 days—if a pothole was readily apparent for 7 days or longer, the agency is presumed to have known of it and had time to repair it.

Changes the statutory language from "No governmental agency is liable" to "A governmental agency is not liable" and updates related terminology.