Bill Text: MI HB4686 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Torts; governmental immunity; sidewalk injury claims; allow use of "open and obvious" defense. Amends sec. 2a of 1964 PA 170 (MCL 691.1402a).
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2016-12-31 - Assigned Pa 419'16 With Immediate Effect [HB4686 Detail]
Download: Michigan-2015-HB4686-Engrossed.html
HB-4686, As Passed Senate, December 14, 2016
HOUSE BILL No. 4686
June 4, 2015, Introduced by Reps. Santana, Durhal, Byrd, Gay-Dagnogo, Banks and Garrett and referred to the Committee on Judiciary.
A bill to amend 1964 PA 170, entitled
"An act to make uniform the liability of municipal corporations,
political subdivisions, and the state, its agencies and
departments, officers, employees, and volunteers thereof, and
members of certain boards, councils, and task forces when engaged
in the exercise or discharge of a governmental function, for
injuries to property and persons; to define and limit this
liability; to define and limit the liability of the state when
engaged in a proprietary function; to authorize the purchase of
liability insurance to protect against loss arising out of this
liability; to provide for defending certain claims made against
public officers, employees, and volunteers and for paying damages
sought or awarded against them; to provide for the legal defense of
public officers, employees, and volunteers; to provide for
reimbursement of public officers and employees for certain legal
expenses; and to repeal acts and parts of acts,"
by amending section 2a (MCL 691.1402a), as amended by 2012 PA 50.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2a. (1) A municipal corporation in which a sidewalk is
installed adjacent to a municipal, county, or state highway shall
maintain the sidewalk in reasonable repair.
(2) A municipal corporation is not liable for breach of a duty
to maintain a sidewalk unless the plaintiff proves that at least 30
days before the occurrence of the relevant injury, death, or
damage, the municipal corporation knew or, in the exercise of
reasonable diligence, should have known of the existence of the
defect in the sidewalk.
(3) In a civil action, a municipal corporation that has a duty
to maintain a sidewalk under subsection (1) is presumed to have
maintained the sidewalk in reasonable repair. This presumption may
only be rebutted by evidence of facts showing that a proximate
cause of the injury was 1 or both of the following:
(a) A vertical discontinuity defect of 2 inches or more in the
sidewalk.
(b) A dangerous condition in the sidewalk itself of a
particular character other than solely a vertical discontinuity.
(4) Whether a presumption under subsection (3) has been
rebutted is a question of law for the court.
(5) In a civil action, a municipal corporation that has a duty
to maintain a sidewalk under subsection (1) may assert, in addition
to any other defense available to it, any defense available under
the common law with respect to a premises liability claim,
including, but not limited to, a defense that the condition was
open and obvious.
(6) (5)
A municipal corporation's liability
under subsection
(1) is limited by section 81131 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.81131.
