You are viewing a sample. To learn more about ICLE's online subscription services, visit the store.
Current to 08/19/16 [what's this?]
Chapter 6: Exceptions to Immunity
Cite This Chapter
This citation has been adapted from the citation style for online resources as outlined in
The Bluebook: A Uniform System of Citation. Quickly add this citation to your legal documents by copying and pasting it into your word processor.
Ronald E. Baylor, Governmental Immunity in Michigan ch 6 (ICLE 2d ed 2005), at http://www.icle.org/modules/books/chapter.aspx?lib=negligence&book=2004556220&chapter=6 (last updated 08/19/2016).
Negligent Operation of Government-Owned Vehicles
Dangerous or Defective Conditions in Public Buildings
Government Hospitals/Medical Care Exception
Sewer Overflow or Backup
Other Statutory Exceptions to Immunity
Judge-Made Exceptions:Common-Law Tort Claims
The Governmental Tort Liability Act (GTLA) provides immunity from all tort liability arising from activities where the governmental agency was engaged in the exercise or discharge of a governmental function, “[e]xcept as otherwise provided in this act.” MCL 691.1407(1) (emphasis added). The act contains five
statutory exceptions to immunity: (1) the failure to maintain and repair highways, (2) the negligent operation of government-owned vehicles, (3) dangerous or defective conditions in public buildings, (4) the performance of proprietary functions, and (5) the ownership or operation of a government hospital. In 2002, the GTLA was amended to provide that, under certain circumstances, a governmental agency may be liable for property damage or physical injury as a result of a sewer system overflow or backup. While immunity conferred on governmental agencies is broad,
the exceptions are “narrowly drawn” and are to be narrowly construed. Ross v Consumers Power Co (On Rehearing), 420 Mich 567, 618, 363 NW2d 641 (1984); see also the consolidated cases of Nawrocki v Macomb County Rd Comm’n and Evens
v Shiawassee County Rd Comm’rs, 463 Mich 143, 615 NW2d 702 (2000) (highway defect); Maskery v University of Michigan Bd of Regents, 468 Mich 609, 664 NW2d 165 (2003) (public building defect); Vargo v Sauer, 457 Mich 49, 576 NW2d 656 (1998) (operation of public hospital); Coleman v Kootsillas, 456 Mich 615, 575 NW2d 527 (1998) (proprietary function); Stanton v City of Battle Creek, 466 Mich 611, 647 NW2d 508 (2002) (negligent
operation of publicly owned motor vehicle). Terms in the statute should be construed according to their plain meaning whenever possible, consistent with traditional rules of statutory construction, to give effect to the intent of the legislature. Scheurman v Department of Transp, 434 Mich 619, 628, 456 NW2d 66 (1990).
The common-law exception to governmental immunity for trespass-nuisance was abrogated, prospectively, for cases brought on or after April 2, 2002. Pohutski v City of Allen Park, 465 Mich 675, 641 NW2d 219 (2002).