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

Mich. Comp. Laws § 691.1416 (2026)

Definitions.

✓ current as of July 2026
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GOVERNMENTAL LIABILITY FOR NEGLIGENCE


Act 170 of 1964


691.1416 Definitions.

Sec. 16.

    As used in this section and sections 17 to 19:

    (a) "Affected property" means real property affected by a sewage disposal system event.

    (b) "Appropriate governmental agency" means a governmental agency that, at the time of a sewage disposal system event, owned or operated, or directly or indirectly discharged into, the portion of the sewage disposal system that allegedly caused damage or physical injury.

    (c) "Claimant" means a property owner that believes that a sewage disposal system event caused damage to the owner's property, a physically injured individual who believes that a sewage disposal system event caused the physical injury, or a person making a claim on behalf of a property owner or physically injured individual. Claimant includes a person that is subrogated to a claim of a property owner or physically injured individual described in this subdivision.

    (d) "Contacting agency" means any of the following within a governmental agency:

    (i) The clerk of the governmental agency.

    (ii) If the governmental agency has no clerk, an individual who may lawfully be served with civil process directed against the governmental agency.

    (iii) Any other individual, agency, authority, department, district, or office authorized by the governmental agency to receive notice under section 19, including, but not limited to, an agency, authority, department, district, or office responsible for the operation of the sewage disposal system, such as a sewer department, water department, or department of public works.

    (e) "Defect" means a construction, design, maintenance, operation, or repair defect.

    (f) "Noneconomic damages" includes, but is not limited to, pain, suffering, inconvenience, physical impairment, disfigurement, mental anguish, emotional distress, loss of society and companionship, loss of consortium, injury to reputation, humiliation, and other nonpecuniary damages.

    (g) "Person" means an individual, partnership, association, corporation, other legal entity, or a political subdivision.

    (h) "Serious impairment of body function" means that term as defined in section 3135 of the insurance code of 1956, 1956 PA 218, MCL 500.3135.

    (i) "Service lead" means an instrumentality that connects an affected property, including a structure, fixture, or improvement on the property, to the sewage disposal system and that is neither owned nor maintained by a governmental agency.

    (j) "Sewage disposal system" means all interceptor sewers, storm sewers, sanitary sewers, combined sanitary and storm sewers, sewage treatment plants, and all other plants, works, instrumentalities, and properties used or useful in connection with the collection, treatment, and disposal of sewage and industrial wastes, and includes a storm water drain system under the jurisdiction and control of a governmental agency.

    (k) "Sewage disposal system event" or "event" means the overflow or backup of a sewage disposal system onto real property. An overflow or backup is not a sewage disposal system event if any of the following was a substantial proximate cause of the overflow or backup:

    (i) An obstruction in a service lead that was not caused by a governmental agency.

    (ii) A connection to the sewage disposal system on the affected property, including, but not limited to, a sump system, building drain, surface drain, gutter, or downspout.

    (iii) An act of war, whether the war is declared or undeclared, or an act of terrorism.

    (l) "Substantial proximate cause" means a proximate cause that was 50% or more of the cause of the event and the property damage or physical injury.

History: Add. 2001, Act 222, Imd. Eff. Jan. 2, 2002

PopularName Notes:

Governmental Immunity Act
Notes of Decisions
Cited in 53 cases (11 in the last 5 years), 2002–2026 · leading case: Willett v. Waterford Charter Twp., 718 N.W.2d 386 (Mich. Ct. App. 2006).
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Willett v. Waterford Charter Twp., 718 N.W.2d 386 (Mich. Ct. App. 2006). · cites it 36× “Defendant denied plaintiff's claim, citing MCL 691.1416 through MCL 691.1419, contending that plaintiff failed to show that defendant's sewage disposal system had a defect and that defendant knew or should have known of the defect and failed to take reasonable steps to correct…”
Fingerle v. City of Ann Arbor, 863 N.W.2d 698 (Mich. Ct. App. 2014). · cites it 47× “116(C)(7) because plaintiff failed to satisfy all of the elements of MCL 691.1416 through MCL 691.1419 in order to establish an exception to governmental immunity and that plaintiff failed to establish that defendant breached a duty under the circumstances presented in this case.”
Cannon Twp. v. Rockford Pub. Schs., 875 N.W.2d 242 (Mich. Ct. App. 2015). · cites it 9× “Among the statutory exceptions to governmental immunity is the “sewage disposal system event” exception, MCL 691.1416 through MCL 691.1419. MCL 691.”
Linton v. Arenac Cnty. Road Comm'n, 729 N.W.2d 883 (Mich. Ct. App. 2006). · cites it 12× “” 19 “A governmental agency is immune from tort liability for the overflow or backup of a sewage disposal system” unless the claimant can show that several statutory requirements have been met under MCL 691.1416 through MCL 691.1419, which “provide the sole remedy for obtaining…”
Pohutski v. City of Allen Park, 641 N.W.2d 219 (Mich. 2002). · cites it 2× “MCL 691.1416 to 691.1419. The new act creates a mechanism for local governmental units to make compensation when a defect in a sewer system causes the type of damage complained of here.”
Marilyn Froling Revocable Living Trust v. Bloomfield Hills Country Club, 769 N.W.2d 234 (Mich. Ct. App. 2009). · cites it 2× “[62] MCL 691.1416; MCL 691.1417; Wesche v. Mecosta Co.”
Jackson Cnty. Drain Comm'r v. Vill. of Stockbridge, 717 N.W.2d 391 (Mich. Ct. App. 2006). · cites it 9× “” MCL 691.1416(0 defines “substantial proximate cause” as “a proximate cause that was 50% or more of the cause of the event and the property damage or physical injury.”
Bosanic v. Motz Dev., Inc, 745 N.W.2d 513 (Mich. Ct. App. 2008). · cites it 5× “MCL 691.1416(b). 5 It defines “sewage disposal system event” or “event” to mean “the overflow or backup of a sewage disposal system onto real property.”
Dybata v. Wayne Cnty., 287 Mich. App. 635 (Mich. Ct. App. 2010). · cites it 4× “MCL 691.1416 (k) defines the terms “[s]ewage disposal system event” and “event” as the overflow or backup of a sewage disposal system onto real property.”
Jenkins v. Patel, 662 N.W.2d 453 (Mich. Ct. App. 2003). · cites it 4× “MCL 691.1416, which relates to liability for sewage disposal systems, defines noneconomic damages comparable to the above statutes, specifically including loss of society and companionship.”
Genesee Cnty. Drain Comm'r v. Genesee Cnty., 309 Mich. App. 317 (Mich. Ct. App. 2015). “13 Among the GTLA’s stated exceptions to governmental immunity for tort liability are tort suits that involve government-owned: (1) highways (MCL 691.”
Davis v. State Employees' Ret. Bd., 725 N.W.2d 56 (Mich. Ct. App. 2006). “7 MCL 691.1416 et seq. 8 “[A] requirement that Congress first make its intention clear helps ensure that Congress itself has determined that the benefits of retroactivity outweigh the potential for disruption or unfairness.”
Show all 53 citing cases →
— Mich. Comp. Laws § 691.1416(1) — 1 case
Fingerle v. City of Ann Arbor, 870 N.W.2d 920 (Mich. 2015).
— Mich. Comp. Laws § 691.1416(3) — 2 cases
Robert Tschirhart v. Pamar Enter. Inc (Mich. Ct. App. 2018).
Robert Tschirhart v. Pamar Enter. Inc (Mich. Ct. App. 2018).
— Mich. Comp. Laws § 691.1416(Z) — 1 case
Fingerle v. City of Ann Arbor, 863 N.W.2d 698 (Mich. Ct. App. 2014). “116(C)(7) because plaintiff failed to satisfy all of the elements of MCL 691.1416 through MCL 691.1419 in order to establish an exception to governmental immunity and that plaintiff failed to establish that defendant breached a duty under the circumstances presented in this case.”
— Mich. Comp. Laws § 691.1416(a) — 1 case
Pamela Eidt v. Great Lakes Water Auth. (Mich. Ct. App. 2025).
— Mich. Comp. Laws § 691.1416(b) — 13 cases
Willett v. Waterford Charter Twp., 718 N.W.2d 386 (Mich. Ct. App. 2006). “Defendant denied plaintiff's claim, citing MCL 691.1416 through MCL 691.1419, contending that plaintiff failed to show that defendant's sewage disposal system had a defect and that defendant knew or should have known of the defect and failed to take reasonable steps to correct…”
Fingerle v. City of Ann Arbor, 863 N.W.2d 698 (Mich. Ct. App. 2014). “116(C)(7) because plaintiff failed to satisfy all of the elements of MCL 691.1416 through MCL 691.1419 in order to establish an exception to governmental immunity and that plaintiff failed to establish that defendant breached a duty under the circumstances presented in this case.”
Linton v. Arenac Cnty. Road Comm'n, 729 N.W.2d 883 (Mich. Ct. App. 2006). “” 19 “A governmental agency is immune from tort liability for the overflow or backup of a sewage disposal system” unless the claimant can show that several statutory requirements have been met under MCL 691.1416 through MCL 691.1419, which “provide the sole remedy for obtaining…”
Dybata v. Wayne Cnty., 287 Mich. App. 635 (Mich. Ct. App. 2010). “MCL 691.1416 (k) defines the terms “[s]ewage disposal system event” and “event” as the overflow or backup of a sewage disposal system onto real property.”
Bosanic v. Motz Dev., Inc, 745 N.W.2d 513 (Mich. Ct. App. 2008). “MCL 691.1416(b). 5 It defines “sewage disposal system event” or “event” to mean “the overflow or backup of a sewage disposal system onto real property.”
— Mich. Comp. Laws § 691.1416(c) — 2 cases
Cannon Twp. v. Rockford Pub. Schs., 875 N.W.2d 242 (Mich. Ct. App. 2015). “Among the statutory exceptions to governmental immunity is the “sewage disposal system event” exception, MCL 691.1416 through MCL 691.1419. MCL 691.”
Victoria Morales v. City of Lincoln Park (Mich. Ct. App. 2016).
— Mich. Comp. Laws § 691.1416(d) — 3 cases
Dybata v. Wayne Cnty., 287 Mich. App. 635 (Mich. Ct. App. 2010). “MCL 691.1416 (k) defines the terms “[s]ewage disposal system event” and “event” as the overflow or backup of a sewage disposal system onto real property.”
David Alley v. Charter Twp. of Mundy (Mich. Ct. App. 2018).
Zezula v Brown (Mich. 2026).
— Mich. Comp. Laws § 691.1416(e) — 24 cases
Willett v. Waterford Charter Twp., 718 N.W.2d 386 (Mich. Ct. App. 2006). “Defendant denied plaintiff's claim, citing MCL 691.1416 through MCL 691.1419, contending that plaintiff failed to show that defendant's sewage disposal system had a defect and that defendant knew or should have known of the defect and failed to take reasonable steps to correct…”
Fingerle v. City of Ann Arbor, 863 N.W.2d 698 (Mich. Ct. App. 2014). “116(C)(7) because plaintiff failed to satisfy all of the elements of MCL 691.1416 through MCL 691.1419 in order to establish an exception to governmental immunity and that plaintiff failed to establish that defendant breached a duty under the circumstances presented in this case.”
Cannon Twp. v. Rockford Pub. Schs., 875 N.W.2d 242 (Mich. Ct. App. 2015). “Among the statutory exceptions to governmental immunity is the “sewage disposal system event” exception, MCL 691.1416 through MCL 691.1419. MCL 691.”
Bosanic v. Motz Dev., Inc, 745 N.W.2d 513 (Mich. Ct. App. 2008). “MCL 691.1416(b). 5 It defines “sewage disposal system event” or “event” to mean “the overflow or backup of a sewage disposal system onto real property.”
Lawrence a Nakfoor v. Our Savior Lutheran Church (Mich. Ct. App. 2018).
— Mich. Comp. Laws § 691.1416(f) — 1 case
Jenkins v. Patel, 662 N.W.2d 453 (Mich. Ct. App. 2003). “MCL 691.1416, which relates to liability for sewage disposal systems, defines noneconomic damages comparable to the above statutes, specifically including loss of society and companionship.”
— Mich. Comp. Laws § 691.1416(g) — 1 case
Victoria Morales v. City of Lincoln Park (Mich. Ct. App. 2016).
— Mich. Comp. Laws § 691.1416(h) — 2 cases
Willett v. Waterford Charter Twp., 718 N.W.2d 386 (Mich. Ct. App. 2006). “Defendant denied plaintiff's claim, citing MCL 691.1416 through MCL 691.1419, contending that plaintiff failed to show that defendant's sewage disposal system had a defect and that defendant knew or should have known of the defect and failed to take reasonable steps to correct…”
Jackson Cnty. Drain Comm'r v. Vill. of Stockbridge, 717 N.W.2d 391 (Mich. Ct. App. 2006). “” MCL 691.1416(0 defines “substantial proximate cause” as “a proximate cause that was 50% or more of the cause of the event and the property damage or physical injury.”
— Mich. Comp. Laws § 691.1416(i) — 4 cases
Jackson Cnty. Drain Comm'r v. Vill. of Stockbridge, 717 N.W.2d 391 (Mich. Ct. App. 2006). “” MCL 691.1416(0 defines “substantial proximate cause” as “a proximate cause that was 50% or more of the cause of the event and the property damage or physical injury.”
Frederick R Wheeler v. City of Livonia (Mich. Ct. App. 2018).
Est. of Sandra Greer v. Detroit Water & Sewerage Dep't (Mich. Ct. App. 2020).
Pamela Eidt v. Great Lakes Water Auth. (Mich. Ct. App. 2025).
— Mich. Comp. Laws § 691.1416(j) — 20 cases
Fingerle v. City of Ann Arbor, 863 N.W.2d 698 (Mich. Ct. App. 2014). “116(C)(7) because plaintiff failed to satisfy all of the elements of MCL 691.1416 through MCL 691.1419 in order to establish an exception to governmental immunity and that plaintiff failed to establish that defendant breached a duty under the circumstances presented in this case.”
Linton v. Arenac Cnty. Road Comm'n, 729 N.W.2d 883 (Mich. Ct. App. 2006). “” 19 “A governmental agency is immune from tort liability for the overflow or backup of a sewage disposal system” unless the claimant can show that several statutory requirements have been met under MCL 691.1416 through MCL 691.1419, which “provide the sole remedy for obtaining…”
Cannon Twp. v. Rockford Pub. Schs., 875 N.W.2d 242 (Mich. Ct. App. 2015). “Among the statutory exceptions to governmental immunity is the “sewage disposal system event” exception, MCL 691.1416 through MCL 691.1419. MCL 691.”
Michigan Farm Bureau v. Dep't of Env't Quality, 807 N.W.2d 866 (Mich. Ct. App. 2011).
Jackson Cnty. Drain Comm'r v. Vill. of Stockbridge, 717 N.W.2d 391 (Mich. Ct. App. 2006). “” MCL 691.1416(0 defines “substantial proximate cause” as “a proximate cause that was 50% or more of the cause of the event and the property damage or physical injury.”
— Mich. Comp. Laws § 691.1416(k) — 33 cases
Willett v. Waterford Charter Twp., 718 N.W.2d 386 (Mich. Ct. App. 2006). “Defendant denied plaintiff's claim, citing MCL 691.1416 through MCL 691.1419, contending that plaintiff failed to show that defendant's sewage disposal system had a defect and that defendant knew or should have known of the defect and failed to take reasonable steps to correct…”
Linton v. Arenac Cnty. Road Comm'n, 729 N.W.2d 883 (Mich. Ct. App. 2006). “” 19 “A governmental agency is immune from tort liability for the overflow or backup of a sewage disposal system” unless the claimant can show that several statutory requirements have been met under MCL 691.1416 through MCL 691.1419, which “provide the sole remedy for obtaining…”
Fingerle v. City of Ann Arbor, 863 N.W.2d 698 (Mich. Ct. App. 2014). “116(C)(7) because plaintiff failed to satisfy all of the elements of MCL 691.1416 through MCL 691.1419 in order to establish an exception to governmental immunity and that plaintiff failed to establish that defendant breached a duty under the circumstances presented in this case.”
Jackson Cnty. Drain Comm'r v. Vill. of Stockbridge, 717 N.W.2d 391 (Mich. Ct. App. 2006). “” MCL 691.1416(0 defines “substantial proximate cause” as “a proximate cause that was 50% or more of the cause of the event and the property damage or physical injury.”
Bosanic v. Motz Dev., Inc, 745 N.W.2d 513 (Mich. Ct. App. 2008). “MCL 691.1416(b). 5 It defines “sewage disposal system event” or “event” to mean “the overflow or backup of a sewage disposal system onto real property.”
— Mich. Comp. Laws § 691.1416(k)(i) — 5 cases
Robert Tschirhart v. Pamar Enter. Inc (Mich. Ct. App. 2018).
Robert Tschirhart v. Pamar Enter. Inc (Mich. Ct. App. 2018).
Pamela Eidt v. Great Lakes Water Auth. (Mich. Ct. App. 2025).
Frederick R Wheeler v. City of Livonia (Mich. Ct. App. 2018).
Est. of Sandra Greer v. Detroit Water & Sewerage Dep't (Mich. Ct. App. 2020).
— Mich. Comp. Laws § 691.1416(k)(ii) — 1 case
Holiday Park Realty LLC v. City of Lansing (Mich. Ct. App. 2015).
— Mich. Comp. Laws § 691.1416(l) — 23 cases
Fingerle v. City of Ann Arbor, 863 N.W.2d 698 (Mich. Ct. App. 2014). “116(C)(7) because plaintiff failed to satisfy all of the elements of MCL 691.1416 through MCL 691.1419 in order to establish an exception to governmental immunity and that plaintiff failed to establish that defendant breached a duty under the circumstances presented in this case.”
Bosanic v. Motz Dev., Inc, 745 N.W.2d 513 (Mich. Ct. App. 2008). “MCL 691.1416(b). 5 It defines “sewage disposal system event” or “event” to mean “the overflow or backup of a sewage disposal system onto real property.”
Robert Tschirhart v. Pamar Enter. Inc (Mich. Ct. App. 2018).
Robert Tschirhart v. Pamar Enter. Inc (Mich. Ct. App. 2018).
Deanna Ray v. City of Lansing (Mich. Ct. App. 2018).
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