Did you know that under Michigan law, the spouse of an injured person may have an independent claim for damages in the amount of the value of the services, society and companionship, and sexual relationship the spouse has been deprived of?
Sewer System Exception To Governmental Immunity
Generally, the government is immune from tort liability when engaged in a governmental function (see When Can The Government Be Sued?). However, an exception exists for a sewage overflow or backup if the disposal system had a defect and the incident constitutes a "sewage disposal system event" as defined by statute.
Proprietary Function Exception To Governmental Immunity
Generally, the government is immune from tort liability when engaged in a governmental function (see When Can The Government Be Sued?). However, an exception to this general rule exists for actions to recover for “bodily injury or property damage arising out of the performance of a proprietary function.”
Medical Care Exception To Governmental Immunity
Generally, the government is immune from tort liability when engaged in a governmental function (see When Can The Government Be Sued?). However, an exception to this general rule exists for medical care provided by a government agency or employee.
Public Building Exception To Governmental Immunity
Generally, the government is immune from tort liability when engaged in a governmental function (see When Can The Government Be Sued?). However, an exception to this general rule exists for injuries caused by improperly maintained public buildings.
Motor Vehicle Exception To Governmental Immunity
Generally, the government is immune from tort liability when engaged in a governmental function (see When Can The Government Be Sued?). However, an exception to this general rule exists when a officer, agent, or employee of a governmental agency negligently operates a motor vehicle for which the governmental agency owns.
Highway Exception To Governmental Immunity
When Can The Government Be Sued?
The general rule is that government agencies and their employees are immune from tort liability when they are engaged in governmental functions. MCL 691.1401 et seq. However, there are certain exceptions where an injured party can still bring a lawsuit for compensation against government agencies and employees.
Notice Requirements For Defective City Sidewalks Require Quick Action
In premises liability cases, the location of the plaintiff’s fall can drastically change the requirements that must be satisfied in order to bring a claim for damages. Take for example a fall as a result of a defective sidewalk. If the injury occurred on private property, the plaintiff generally has three years from the date of the accident to bring a negligence claim. If, however, the injury occurred on a public sidewalk, the injured party must provide notice to the proper governmental agency within 120 of the accident, or risk having their case dismissed.