Mich. Comp. Laws » Michigan Compiled Laws / Chapter 691 / Act 170 of 1964
Michigan Compiled Laws

Mich. Comp. Laws § 691.1403 (2026)

Defective highways; knowledge of defect, repair.

✓ current as of July 2026
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GOVERNMENTAL LIABILITY FOR NEGLIGENCE


Act 170 of 1964


691.1403 Defective highways; knowledge of defect, repair.

Sec. 3.

    No governmental agency is liable for injuries or damages caused by defective highways unless the governmental agency knew, or in the exercise of reasonable diligence should have known, of the existence of the defect and had a reasonable time to repair the defect before the injury took place. Knowledge of the defect and time to repair the same shall be conclusively presumed when the defect existed so as to be readily apparent to an ordinarily observant person for a period of 30 days or longer before the injury took place.

History: 1964, Act 170, Eff. July 1, 1965

PopularName Notes:

Governmental Immunity Act
Notes of Decisions
Cited in 55 cases (10 in the last 5 years), 1970–2025 · leading case: Wilson v. Alpena Cnty. Road Comm'n, 713 N.W.2d 717 (Mich. 2006).
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Wilson v. Alpena Cnty. Road Comm'n, 713 N.W.2d 717 (Mich. 2006). · cites it 10× “116(C)(7), (C)(8), and (C)(10), asserting that it was immune from suit because, among other reasons, it had no notice of a defective road that could constitute the notice that MCL 691.1403 [4] requires before its immunity from suit is lost.”
Robinson v. City of Lansing, 782 N.W.2d 171 (Mich. 2010). · cites it 4× “1402a(1)(a) regarding the municipality's knowledge of the defect, was first set forth in MCL 691.1403, which provides: No governmental agency is liable for injuries or damages caused by defective highways unless the governmental agency knew, or in the exercise of reasonable…”
Bernardoni v. City of Saginaw, 886 N.W.2d 109 (Mich. 2016). · cites it 2× “” MCL 691.1403. Thus, to invoke the highway exception as it pertains to sidewalks, a plaintiff must show that the defect existed at least 30 days before the accident.”
Wilson v. Alpena Cnty. Road Comm'n, 687 N.W.2d 380 (Mich. Ct. App. 2004). · cites it 5× “116(C)(7), (8), and (10), arguing that plaintiffs could not prove actual or constructive notice of the defect and that defendant had no knowledge of the alleged defect as required by MCL 691.”
Peters v. Dep't of State Highways, 252 N.W.2d 799 (Mich. 1977). · cites it 6× “Third, that "there is no evidence from which this court can properly conclude that the highway *55 authorities knew of this condition or 'in the exercise of reasonable diligence should have known’ of it * * * Thus the court found that plaintiff had not shown the actual or…”
Jones v. Enertel, Inc, 650 N.W.2d 334 (Mich. 2002). · cites it 3× “Moreover, MCL 691.1403, in qualifying the general duty imposed on municipalities to maintain highways, provides: No governmental agency is liable for injuries or damages caused by defective highways unless the governmental agency knew, or in the exercise of reasonable diligence…”
Maki v. City of East Tawas, 170 N.W.2d 530 (Mich. Ct. App. 1970). · cites it 4× “MCLA § 691.1403 (Stat Ann 1968 Cum Supp § 3.”
Plunkett v. Dep't of Transp., 779 N.W.2d 263 (Mich. Ct. App. 2009). “39 MCL 691.1403. 40 Wilson, 474 Mich at 168-170, quoting Scheurman v Dep’t of Transportation, 434 Mich 619, 631 ; 456 NW2d 66 (1990) (emphasis added by Wilson).”
Pierce v. City of Lansing, 694 N.W.2d 65 (Mich. Ct. App. 2005). “The Court in Jones noted that MCL 691.1403, which requires knowledge and a reasonable time to repair but establishes a conclusive presumption of knowledge if a readily observable defect has existed for thirty days or longer, contemplates that, in appropriate circumstances, a…”
Sweetman v. State High. Dep't, 357 N.W.2d 783 (Mich. Ct. App. 1984). · cites it 2× “MCL 691.1403; MSA 3.996(103). She did show that defendant knew of prior accidents that had occurred under similar weather conditions.”
Hampton v. Master Prods., Inc, 270 N.W.2d 514 (Mich. Ct. App. 1978). · cites it 2× “996(103), the governing statute, provides that "No governmental agency is liable for injuries or damages caused by defective highways unless the governmental agency knew, or in the exercise of reasonable diligence should have known, of the existence of the defect and had a…”
VanStrien v. City of Grand Rapids, 504 N.W.2d 13 (Mich. Ct. App. 1993). · cites it 8× “Plaintiffs appeal as of right, claiming that the trial court erred in holding that defendant did not have actual or constructive notice of a defect pursuant to the terms of MCL 691.1403; MSA 3.996(103). We disagree.”
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