Michigan Compiled Laws

Mich. Comp. Laws § 691.1407 (2026)

Immunity from tort liability; intentional torts; immunity of judge, legislator, official, and guardian ad litem; immunity of governmental agency under MISS DIG underground facility damage prevention and safety act; definitions.

✓ current as of July 2026

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GOVERNMENTAL LIABILITY FOR NEGLIGENCE

Act 170 of 1964

691.1407 Immunity from tort liability; intentional torts; immunity of judge, legislator, official, and guardian ad litem; immunity of governmental agency under MISS DIG underground facility damage prevention and safety act; definitions.

Sec. 7.

(1) Except as otherwise provided in this act, a governmental agency is immune from tort liability if the governmental agency is engaged in the exercise or discharge of a governmental function. Except as otherwise provided in this act, this act does not modify or restrict the immunity of the state from tort liability as it existed before July 1, 1965, which immunity is affirmed.

(2) Except as otherwise provided in this section, and without regard to the discretionary or ministerial nature of the conduct in question, each officer and employee of a governmental agency, each volunteer acting on behalf of a governmental agency, and each member of a board, council, commission, or statutorily created task force of a governmental agency is immune from tort liability for an injury to a person or damage to property caused by the officer, employee, or member while in the course of employment or service or caused by the volunteer while acting on behalf of a governmental agency if all of the following are met:

(a) The officer, employee, member, or volunteer is acting or reasonably believes he or she is acting within the scope of his or her authority.

(b) The governmental agency is engaged in the exercise or discharge of a governmental function.

(c) The officer's, employee's, member's, or volunteer's conduct does not amount to gross negligence that is the proximate cause of the injury or damage.

(3) Subsection (2) does not alter the law of intentional torts as it existed before July 7, 1986.

(4) This act does not grant immunity to a governmental agency or an employee or agent of a governmental agency with respect to providing medical care or treatment to a patient, except medical care or treatment provided to a patient in a hospital owned or operated by the department of community health or a hospital owned or operated by the department of corrections and except care or treatment provided by an uncompensated search and rescue operation medical assistant or tactical operation medical assistant.

(5) A judge, a legislator, and the elective or highest appointive executive official of all levels of government are immune from tort liability for injuries to persons or damages to property if he or she is acting within the scope of his or her judicial, legislative, or executive authority.

(6) A guardian ad litem is immune from civil liability for an injury to a person or damage to property if he or she is acting within the scope of his or her authority as guardian ad litem. This subsection applies to actions filed before, on, or after May 1, 1996.

(7) The immunity provided by this act does not apply to liability of a governmental agency under the MISS DIG underground facility damage prevention and safety act.

(8) As used in this section:

(a) "Gross negligence" means conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results.

(b) "Search and rescue operation" means an action by a governmental agency to search for, rescue, or recover victims of a natural or manmade disaster, accident, or emergency on land or water.

(c) "Search and rescue operation medical assistant" means an individual licensed to practice 1 or more of the occupations listed in subdivision (e), acting within the scope of the license, and assisting a governmental agency in a search and rescue operation.

(d) "Tactical operation" means a coordinated, planned action by a special operations, weapons, or response team of a law enforcement agency that is 1 of the following:

(i) Taken to deal with imminent violence, a riot, an act of terrorism, or a similar civic emergency.

(ii) The entry into a building, area, watercraft, aircraft, land vehicle, or body of water to seize evidence, or to arrest an individual for a felony, under the authority of a warrant issued by a court.

(iii) Training for the team.

(e) "Tactical operation medical assistant" means an individual licensed to practice 1 or more of the following, acting within the scope of the license, and assisting law enforcement officers while they are engaged in a tactical operation:

(i) Medicine, osteopathic medicine and surgery, or as a registered professional nurse, under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.

(ii) As an emergency medical technician, emergency medical technician specialist, or paramedic under part 209 of the public health code, 1978 PA 368, MCL 333.20901 to 333.20979.

History: 1964, Act 170, Eff. July 1, 1965 ;-- Am. 1970, Act 155, Imd. Eff. Aug. 1, 1970 ;-- Am. 1986, Act 175, Imd. Eff. July 7, 1986 ;-- Am. 1996, Act 143, Eff. May 1, 1996 ;-- Am. 1999, Act 241, Imd. Eff. Dec. 28, 1999 ;-- Am. 2000, Act 318, Imd. Eff. Oct. 24, 2000 ;-- Am. 2004, Act 428, Imd. Eff. Dec. 17, 2004 ;-- Am. 2005, Act 318, Imd. Eff. Dec. 27, 2005 ;-- Am. 2013, Act 173, Eff. Apr. 1, 2014

Compiler's Notes:

Section 3 of Act 175 of 1986 provides:

“(1) Sections 1, 7, and 13 of Act No. 170 of the Public Acts of 1964, as amended by this amendatory act, being sections 691.1401, 691.1407, and 691.1413 of the Michigan Compiled Laws, shall not apply to causes of action which arise before July 1, 1986.

“(2) Section 6a of Act No. 170 of the Public Acts of 1964, as added by this amendatory act, shall apply to cases filed on or after July 1, 1986.”

Enacting section 1 of Act 318 of 2000 provides:

“Enacting section 1. This amendatory act applies only to a cause of action arising on or after the effective date of this amendatory act.”

PopularName Notes:

Governmental Immunity Act

Notes of Decisions

Cited in 1,440 cases (319 in the last 5 years), 1967–2026 · leading case: Thomas J Petipren v. Rodney Jaskowski, 494 Mich. 190 (Mich. 2013).

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Thomas J Petipren v. Rodney Jaskowski, 494 Mich. 190 (Mich. 2013). · cites it 136× “1407(2) provides that, except as otherwise provided in MCL 691.1407, each “officer” and “employee” of a governmental agency9 is immune from tort liability for injury to person or property caused by the officer or employee while in the course of employment if the officer or…”

in Re Bradley Est., 835 N.W.2d 545 (Mich. 2013). · cites it 73× “The sheriff’s department moved for summary disposition, arguing that under MCL 691.1407 it was immune from Mick’s claim because she was essentially asking for tort damages.”

Odom v. Wayne Cnty., 760 N.W.2d 217 (Mich. 2008). · cites it 20× “” 15 This decision also requires us to interpret the provisions of § 7 of the GTLA, MCL 691.1407. We review de novo questions of statutory interpretation.”

MacK v. City of Detroit, 649 N.W.2d 47 (Mich. 2002). · cites it 23× “The fact that the source of the immunity is a legislative act makes the contention of immunity no less a matter for assertion as an affirmative defense.”

Maiden v. Rozwood, 597 N.W.2d 817 (Mich. 1999). · cites it 18× “MCL 691.1407(1); MSA 3.996(107)(1). No issues involving these defendants were raised on appeal.”

Costa v. Cmty. Emergency Med. Servs., Inc, 716 N.W.2d 236 (Mich. 2006). · cites it 31× “Defendants Farenger and Schultz filed motions for summary disposition, asserting that under the governmental immunity act, MCL 691.1407, they were immune because they were not grossly negligent and their conduct was not "the proximate cause" of plaintiff's injury.”

Keagan Farris v. John H McKaig III, 920 N.W.2d 377 (Mich. Ct. App. 2018). · cites it 25× “13a(1) begins with the qualifier, "As used in this section and sections 2, 6b, 13b, 17c, 17d, 18f, 19, 19a, 19b, and 19c of this chapter.”

Melissa Mays v. Governor Rick Snyder, 916 N.W.2d 227 (Mich. Ct. App. 2018). · cites it 15× “” -29- We have already determined that plaintiffs’ alleged constitutional violations occurred as a result of policy implementation by defendants in their official capacities. Like the Court of Claims, we hold that based on the aforementioned principles, ‘the state, its agencies,…”

Beals v. Michigan, 871 N.W.2d 5 (Mich. 2015). · cites it 29× “12 MCL 691.1407(1) (“Except as otherwise provided in this act, a governmental agency is immune from tort liability if the governmental agency is engaged in the exercise or discharge of a governmental function.”

Wesche v. Mecosta Cnty. Road Comm'n, 746 N.W.2d 847 (Mich. 2008). · cites it 24× “1405, which provides: Governmental agencies shall be liable for bodily injury and property damage resulting from the negligent operation by any officer, agent, or employee of the governmental agency, of a motor vehicle of which the governmental agency is owner, as defined in Act…”

Pohutski v. City of Allen Park, 641 N.W.2d 219 (Mich. 2002). · cites it 12× “§ 691.1407, permits a trespass-nuisance exception to governmental immunity.”

Tryc v Michigan Vets.’ Facility, 545 N.W.2d 642 (Mich. 1996). · cites it 22× “§ 691.1407(1); M.S.A. § 3.996(107)(1) that governmental agencies are immune from tort liability when engaged in the exercise or discharge of a governmental function.”

Show all 1,440 citing cases →

— Mich. Comp. Laws § 691.1407(1) — 459 cases

in Re Bradley Est., 835 N.W.2d 545 (Mich. 2013). “The sheriff’s department moved for summary disposition, arguing that under MCL 691.1407 it was immune from Mick’s claim because she was essentially asking for tort damages.”

MacK v. City of Detroit, 649 N.W.2d 47 (Mich. 2002). “The fact that the source of the immunity is a legislative act makes the contention of immunity no less a matter for assertion as an affirmative defense.”

Heather Lynn Hannay v. Dep't of Transp., 497 Mich. 45 (Mich. 2014).

Pohutski v. City of Allen Park, 641 N.W.2d 219 (Mich. 2002). “§ 691.1407, permits a trespass-nuisance exception to governmental immunity.”

Blue Harvest, Inc. v. Dep't of Transp., 792 N.W.2d 798 (Mich. Ct. App. 2010).

— Mich. Comp. Laws § 691.1407(2) — 340 cases

Thomas J Petipren v. Rodney Jaskowski, 494 Mich. 190 (Mich. 2013). “1407(2) provides that, except as otherwise provided in MCL 691.1407, each “officer” and “employee” of a governmental agency9 is immune from tort liability for injury to person or property caused by the officer or employee while in the course of employment if the officer or…”

Costa v. Cmty. Emergency Med. Servs., Inc, 716 N.W.2d 236 (Mich. 2006). “Defendants Farenger and Schultz filed motions for summary disposition, asserting that under the governmental immunity act, MCL 691.1407, they were immune because they were not grossly negligent and their conduct was not "the proximate cause" of plaintiff's injury.”

Beals v. Michigan, 871 N.W.2d 5 (Mich. 2015). “12 MCL 691.1407(1) (“Except as otherwise provided in this act, a governmental agency is immune from tort liability if the governmental agency is engaged in the exercise or discharge of a governmental function.”

Odom v. Wayne Cnty., 760 N.W.2d 217 (Mich. 2008). “” 15 This decision also requires us to interpret the provisions of § 7 of the GTLA, MCL 691.1407. We review de novo questions of statutory interpretation.”

White v. Beasley, 552 N.W.2d 1 (Mich. 1996).

— Mich. Comp. Laws § 691.1407(2)(C) — 1 case

— Mich. Comp. Laws § 691.1407(2)(a) — 24 cases

Carthan v. Snyder (In re Flint Water Cases), 384 F. Supp. 3d 802 (E.D. Mich. 2019).

Costa v. Cmty. Emergency Med. Servs., Inc, 689 N.W.2d 712 (Mich. Ct. App. 2004).

Love v. City of Detroit, 716 N.W.2d 604 (Mich. Ct. App. 2006).

Niederhouse v. Palmerton, 836 N.W.2d 176 (Mich. Ct. App. 2013).

Baker v. Couchman, 721 N.W.2d 251 (Mich. Ct. App. 2006).

— Mich. Comp. Laws § 691.1407(2)(b) — 6 cases

Manuel v. Gill, 716 N.W.2d 291 (Mich. Ct. App. 2006).

Miller v. Lord, 686 N.W.2d 800 (Mich. Ct. App. 2004).

Robert Brian Thomas Ruee Adams v. Amanda Lynn Skardoutos (Mich. Ct. App. 2025).

Emily Schenk v. Judith Hodge (Mich. Ct. App. 2025).

Joshua Wright v. Brandon J Patton (Mich. Ct. App. 2026).

— Mich. Comp. Laws § 691.1407(2)(c) — 199 cases

Maiden v. Rozwood, 597 N.W.2d 817 (Mich. 1999). “MCL 691.1407(1); MSA 3.996(107)(1). No issues involving these defendants were raised on appeal.”

Tarlea v. Crabtree, 687 N.W.2d 333 (Mich. Ct. App. 2004).

Wesche v. Mecosta Cnty. Road Comm'n, 746 N.W.2d 847 (Mich. 2008). “1405, which provides: Governmental agencies shall be liable for bodily injury and property damage resulting from the negligent operation by any officer, agent, or employee of the governmental agency, of a motor vehicle of which the governmental agency is owner, as defined in Act…”

Paige v. City of Sterling Heights, 720 N.W.2d 219 (Mich. 2006).

— Mich. Comp. Laws § 691.1407(2)(e) — 4 cases

Manuel v. Gill, 716 N.W.2d 291 (Mich. Ct. App. 2006).

Roxbury v. Paul, 838 F. Supp. 1204 (W.D. Mich. 1992).

Doe Ex Rel. Doe v. Warren Consol. Schs., 307 F. Supp. 2d 860 (E.D. Mich. 2003).

Williams v. Jabe, 947 F. Supp. 1130 (E.D. Mich. 1996).

— Mich. Comp. Laws § 691.1407(3) — 46 cases

Denhof v. Challa, 876 N.W.2d 266 (Mich. Ct. App. 2015).

Marrocco v. Randlett, 433 N.W.2d 68 (Mich. 1988).

Frohriep v. Flanagan, 754 N.W.2d 912 (Mich. Ct. App. 2008).

Kolley v. Adult Prot. Servs., 786 F. Supp. 2d 1277 (E.D. Mich. 2011).

— Mich. Comp. Laws § 691.1407(4) — 102 cases

McLean v. McElhaney, 798 N.W.2d 29 (Mich. Ct. App. 2010).

Lash v. City of Traverse City, 735 N.W.2d 628 (Mich. 2007).

Briggs v. Oakland Cnty., 742 N.W.2d 136 (Mich. Ct. App. 2007).

Pohutski v. City of Allen Park, 641 N.W.2d 219 (Mich. 2002). “§ 691.1407, permits a trespass-nuisance exception to governmental immunity.”

Hyde v. Univ. of Michigan Bd. of Regents, 393 N.W.2d 847 (Mich. 1986).

— Mich. Comp. Laws § 691.1407(4)(a) — 1 case

Musulin v. Univ. of Michigan Bd. of Regents, 543 N.W.2d 337 (Mich. Ct. App. 1995).

— Mich. Comp. Laws § 691.1407(4)(b) — 5 cases

Tryc v Michigan Vets.’ Facility, 545 N.W.2d 642 (Mich. 1996). “§ 691.1407(1); M.S.A. § 3.996(107)(1) that governmental agencies are immune from tort liability when engaged in the exercise or discharge of a governmental function.”

Dampier v. Wayne Cnty., 592 N.W.2d 809 (Mich. Ct. App. 1999).

Winklepleck v. Michigan Vets.' Facility, 491 N.W.2d 251 (Mich. Ct. App. 1992).

Johnson v. City of Detroit, 579 N.W.2d 895 (Mich. 1998).

De Sanchez v. Dep't of Mental Health, 565 N.W.2d 358 (Mich. 1997).

— Mich. Comp. Laws § 691.1407(5) — 123 cases

Grahovac v. Munising Twp., 689 N.W.2d 498 (Mich. Ct. App. 2004).

Armstrong v. Ypsilanti Charter Twp., 640 N.W.2d 321 (Mich. Ct. App. 2002).

Melissa Mays v. Governor Rick Snyder, 916 N.W.2d 227 (Mich. Ct. App. 2018). “” -29- We have already determined that plaintiffs’ alleged constitutional violations occurred as a result of policy implementation by defendants in their official capacities. Like the Court of Claims, we hold that based on the aforementioned principles, ‘the state, its agencies,…”

— Mich. Comp. Laws § 691.1407(6) — 5 cases

Keagan Farris v. John H McKaig III, 920 N.W.2d 377 (Mich. Ct. App. 2018). “13a(1) begins with the qualifier, "As used in this section and sections 2, 6b, 13b, 17c, 17d, 18f, 19, 19a, 19b, and 19c of this chapter.”

Johnson v. Pastoriza, 818 N.W.2d 279 (Mich. 2012).

Bullock v. Huster, 554 N.W.2d 47 (Mich. Ct. App. 1996).

Keagan Farris v. John H McKaig III (Mich. Ct. App. 2018).

— Mich. Comp. Laws § 691.1407(7) — 5 cases

Heike v. Guevara, 654 F. Supp. 2d 658 (E.D. Mich. 2009).

Zezula v Brown (Mich. 2026).

Brian Zezula v. Nina Brown (Mich. Ct. App. 2025).

Jessica Webb v. City of Detroit (Mich. Ct. App. 2020).

— Mich. Comp. Laws § 691.1407(7)(a) — 39 cases

Love v. City of Detroit, 716 N.W.2d 604 (Mich. Ct. App. 2006).

Oliver v. Smith, 715 N.W.2d 314 (Mich. Ct. App. 2006).

Seldon v. Suburban Mobility Auth. for Reg'l Transp., 824 N.W.2d 318 (Mich. Ct. App. 2012).

Kendricks v. Rehfield, 716 N.W.2d 623 (Mich. Ct. App. 2006).

Chelsea Inv. Grp. LLC v. City of Chelsea, 792 N.W.2d 781 (Mich. Ct. App. 2010).

— Mich. Comp. Laws § 691.1407(8) — 7 cases

Michelle a Mondak v. Taylor Police Dep't (Mich. Ct. App. 2017).

Loren Kroll v. Delores Demorrow (Mich. Ct. App. 2020).

Kevin Rankin v. City of Highland Park (Mich. Ct. App. 2015).

Est. of Nancy Sanders v. Kenneth a Wright (Mich. Ct. App. 2018).

— Mich. Comp. Laws § 691.1407(8)(a) — 160 cases

Bruce T Wood v. City of Detroit, 917 N.W.2d 709 (Mich. Ct. App. 2018).

People of Michigan v. Kimberly Anitra Murphy, 910 N.W.2d 374 (Mich. Ct. App. 2017).

Ray v. Swager, 909 N.W.2d 917 (Mich. Ct. App. 2017).

Cichewicz v. Salesin, 854 N.W.2d 901 (Mich. Ct. App. 2014).

Aspen Am. Ins. Co. v. Interstate Warehousing, Inc., 372 F. Supp. 3d 709 (N.D. Ind. 2019).

— Mich. Comp. Laws § 691.1407(a) — 1 case

Emily Schenk v. Judith Hodge (Mich. Ct. App. 2025).

— Mich. Comp. Laws § 691.1407(b) — 2 cases

John Trendell v. Mark Hackel (Mich. Ct. App. 2019).

Nelson-Molnar v. Ann Arbor Pub. Schs. (E.D. Mich. 2024).

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