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Sewer System Exception To Governmental Immunity

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Metro Detroit Personal Injury Lawyer


Generally, the government is immune from tort liability when engaged in a governmental function (see When Can The Government Be Sued?). MCL 691.1417(2) provides that a governmental agency is immune from tort liability for the overflow or backup of a sewage disposal system unless the overflow or backup is a "sewage disposal system event" and the governmental agency is an appropriate governmental agency.  If the overflow or backup is a sewage disposal system event, the government is liable. 

A "sewage disposal system event" is defined as the overflow or backup of a sewage disposal system onto real property. An overflow or backup is not a sewage disposal system event if any of the following was a substantial proximate cause of the overflow or backup:

  1. An obstruction in a service lead that was not caused by a governmental agency.
  2. A connection to the sewage disposal system on the affected property, including, but not limited to, a sump system, building drain, surface drain, gutter, or downspout.
  3. An act of war, whether the war is declared or undeclared, or an act of terrorism. MCL 691.1416(k). 

Under this exception, a governmental agency may be liable for property damage and physical injury if the claimant can show that the governmental agency knew or should have known of a defect in the sewage disposal system; that the agency failed to take reasonable steps to repair, correct, or remedy the defect; and that the defect was a substantial proximate cause of the event and the property damage or physical injury. 

To maintain an action against a government agency for a "sewage disposal system event" the plaintiff is required to show each of the following: 

  1. The defendant was an appropriate governmental agency;
  2. The disposal system had a defect; 
  3. The agency knew or should have known of the defect;
  4. The agency failed to take reasonable steps in a reasonable time to remedy the defect; and
  5. The defect was a substantial proximate cause of the injury. MCL 691.1417(3). 

Metro Detroit Injury Lawyers is a Bloomfield Hills, Michigan law firm practicing personal injury law. Contact us today at 248-430-8929 for a free consultation and evaluation of your case, with no obligation.