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

Mich. Comp. Laws § 691.1412 (2026)

Claims under act; defenses available.

✓ current as of July 2026
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GOVERNMENTAL LIABILITY FOR NEGLIGENCE


Act 170 of 1964


691.1412 Claims under act; defenses available.

Sec. 12.

    Claims under this act are subject to all of the defenses available to claims sounding in tort brought against private persons.

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

PopularName Notes:

Governmental Immunity Act
Notes of Decisions
Cited in 11 cases, 1970–2019 · leading case: Jones v. Enertel, Inc, 650 N.W.2d 334 (Mich. 2002).
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Jones v. Enertel, Inc, 650 N.W.2d 334 (Mich. 2002). · cites it 6× “iv In arguing that it should be allowed to avail itself of the open and obvious doctrine, South Lyon, in its application for leave to appeal, cites MCL 691.1412, which provides: Claims under this act are subject to all of the defenses available to claims sounding in tort brought…”
Pierce v. City of Lansing, 694 N.W.2d 65 (Mich. Ct. App. 2005). “Last, the Jones Court noted that the specific statutory duty imposed upon municipalities, that is, to keep highways and attendant sidewalks in reasonable repair, prevails over the more general statute, MCL 691.1412, which makes available to municipalities all defenses that are…”
Maki v. City of East Tawas, 170 N.W.2d 530 (Mich. Ct. App. 1970). · cites it 3× “Nevertheless, § 9 should and no doubt will be interpreted to permit purchase by governmental agencies other than the State of liability insurance for protection against tortious liability arising from the discharge of a proprietary function.”
Kerbersky v. N. Michigan Univ., 582 N.W.2d 828 (Mich. 1998). · cites it 2× “§ 691.1412; M.S.A. § 3.996(112) (claims under this act are subject to all the defenses available to claims sounding in tort brought against private persons).”
Mann v. St Clair Cnty. Road Comm'n, 681 N.W.2d 653 (Mich. 2004). · cites it 2× “§ 691.1412 of the governmental immunity act provides that "[c]laims under this act are subject to all of the defenses available to claims sounding in tort brought against private persons.”
Pierce v. City of Lansing, 694 N.W.2d 65 (Mich. Ct. App. 2005). “§ 691.1412, which makes available to municipalities all defenses that are available to private parties.”
Fingerle v. City of Ann Arbor, 863 N.W.2d 698 (Mich. Ct. App. 2014). “MCL 691.1412. The Sewage Act was explicitly designed to limit governmental liability for "sewage disposal system events.”
Haas v. City of Ionia, 543 N.W.2d 21 (Mich. Ct. App. 1995). “private persons” under the facts of this case, thus making MCL 691.1412; MSA 3.996(112) inapposite. 2 Our analysis is strictly limited to governmental agencies having clear statutory responsibilities under the statutory provisions that compel the result we have reached.”
Jennifer Buhl v. City of Oak Park (Mich. Ct. App. 2019). · cites it 6× “4 Finally, the Supreme Court had no difficulty rejecting the city’s argument that, under MCL 691.1412,5 it must be allowed to advance “the open and obvious ‘defense’ .”
Jennifer Buhl v. City of Oak Park (Mich. Ct. App. 2019). “” MCL 691.1412. In fact, that provision has never been modified or repealed and has remained in force as enacted since the GTLA’s inception in 1964.”
Lawrence Fingerle v. City of Ann Arbor (Mich. Ct. App. 2014). “As all GTLA actions sound in tort, if a GTLA defendant asserts that he owed the plaintiff no duty or did not cause his injury, plaintiff must demonstrate that defendant owed him a duty and caused his injury.”
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