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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Jerome Dubrulle v. Great Lakes Water Auth. (Mich. Ct. App. 2026). · cites it 9× “See MCL 691.1416 to MCL 691.1419. For the reasons discussed below, we affirm in part the trial court’s decision to dismiss the Dubin plaintiffs’ claims against the City of Detroit, but otherwise reverse the trial court’s decision to dismiss the Dubin plaintiffs’ claims against…”
Zezula v Brown (Mich. 2026). · cites it 4× “Independence Township further argued that the events at issue did not meet the GTLA’s sewage disposal system event (SDSE) exception to immunity, MCL 691.1416 through MCL 691.1419, and that Zezula had failed to provide notice of an SDSE event as required by MCL 691.”
Pamela Eidt v. Great Lakes Water Auth. (Mich. Ct. App. 2025). · cites it 12× “Plaintiff filed suit on February 2, 2022, asserting one count against defendants for a “sewage disposal system event pursuant to MCL 691.1416 et seq.” Defendants moved for summary disposition of plaintiff’s complaint under MCR 2.”
Jerome Dubrulle v. Great Lakes Water Auth. (Mich. Ct. App. 2025). · cites it 9× “See MCL 691.1416 to MCL 691.1419. For the reasons discussed below, we affirm in part the trial court’s decision to dismiss the Dubin plaintiffs’ claims against the City of Detroit, but otherwise reverse the trial court’s decision to dismiss the Dubin plaintiffs’ claims against…”
Brian Zezula v. Nina Brown (Mich. Ct. App. 2025). · cites it 5× “” MCL 691.1416(b). “ ‘Defect’ means a construction, design, maintenance, operation, or repair defect.”
Brian Zezula v. Nina Brown (Mich. Ct. App. 2025). · cites it 2×
P Terese Allen v. Vill. of Goodrich (Mich. Ct. App. 2024). · cites it 7× “1417(2) provides in pertinent part: A governmental agency is immune from tort liability for the overflow or backup of a sewage disposal system unless the overflow or backup is a sewage disposal system event and the governmental agency is an appropriate governmental agency.”
Jane S Kuhn v. City of Gibraltar (Mich. Ct. App. 2024). · cites it 4× “” MCL 691.1416(e). Because the GTLA’s definition is circular, this Court has turned to a dictionary definition of the word and concluded that a “defect” refers to “ ‘a fault or shortcoming; imperfection.”
Terese Allen v. Vill. of Goodrich (Mich. Ct. App. 2024). · cites it 2×
Sunrise Resort Ass'n Inc v. Cheboygan Cnty. Road Comm'n (Mich. 2023). · cites it 8× “Somers, and others brought an action in the Cheboygan Circuit Court against the Cheboygan County Road Commission asserting a statutory claim under the sewage-disposal-system-event (SDSE) exception, MCL 691.1416 through MCL 691.1419, to governmental immunity provided by the…”
Aaron Pearce v. Patricia a S Crowley (Mich. Ct. App. 2023).
Est. of Sandra Greer v. Detroit Water & Sewerage Dep't (Mich. Ct. App. 2020). · cites it 7× “” MCL 691.1416(b). “A ‘sewage disposal system event’ is defined, in pertinent part, as ‘the overflow or backup of a sewage disposal system onto real property.”
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).
— Mich. Comp. Laws § 691.1416(a) — 1 case
Pamela Eidt v. Great Lakes Water Auth. (Mich. Ct. App. 2025). “Plaintiff filed suit on February 2, 2022, asserting one count against defendants for a “sewage disposal system event pursuant to MCL 691.1416 et seq.” Defendants moved for summary disposition of plaintiff’s complaint under MCR 2.”
— Mich. Comp. Laws § 691.1416(b) — 13 cases
Willett v. Waterford Charter Twp., 718 N.W.2d 386 (Mich. Ct. App. 2006).
Fingerle v. City of Ann Arbor, 863 N.W.2d 698 (Mich. Ct. App. 2014).
Linton v. Arenac Cnty. Road Comm'n, 729 N.W.2d 883 (Mich. Ct. App. 2006).
Dybata v. Wayne Cnty., 287 Mich. App. 635 (Mich. Ct. App. 2010).
Bosanic v. Motz Dev., Inc, 745 N.W.2d 513 (Mich. Ct. App. 2008).
— Mich. Comp. Laws § 691.1416(c) — 2 cases
Cannon Twp. v. Rockford Pub. Schs., 875 N.W.2d 242 (Mich. Ct. App. 2015).
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).
David Alley v. Charter Twp. of Mundy (Mich. Ct. App. 2018).
Zezula v Brown (Mich. 2026). “Independence Township further argued that the events at issue did not meet the GTLA’s sewage disposal system event (SDSE) exception to immunity, MCL 691.1416 through MCL 691.1419, and that Zezula had failed to provide notice of an SDSE event as required by MCL 691.”
— Mich. Comp. Laws § 691.1416(e) — 24 cases
Willett v. Waterford Charter Twp., 718 N.W.2d 386 (Mich. Ct. App. 2006).
Fingerle v. City of Ann Arbor, 863 N.W.2d 698 (Mich. Ct. App. 2014).
Cannon Twp. v. Rockford Pub. Schs., 875 N.W.2d 242 (Mich. Ct. App. 2015).
Bosanic v. Motz Dev., Inc, 745 N.W.2d 513 (Mich. Ct. App. 2008).
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).
— 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).
Jackson Cnty. Drain Comm'r v. Vill. of Stockbridge, 717 N.W.2d 391 (Mich. Ct. App. 2006).
— 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).
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). “” MCL 691.1416(b). “A ‘sewage disposal system event’ is defined, in pertinent part, as ‘the overflow or backup of a sewage disposal system onto real property.”
Pamela Eidt v. Great Lakes Water Auth. (Mich. Ct. App. 2025). “Plaintiff filed suit on February 2, 2022, asserting one count against defendants for a “sewage disposal system event pursuant to MCL 691.1416 et seq.” Defendants moved for summary disposition of plaintiff’s complaint under MCR 2.”
— Mich. Comp. Laws § 691.1416(j) — 20 cases
Fingerle v. City of Ann Arbor, 863 N.W.2d 698 (Mich. Ct. App. 2014).
Linton v. Arenac Cnty. Road Comm'n, 729 N.W.2d 883 (Mich. Ct. App. 2006).
Cannon Twp. v. Rockford Pub. Schs., 875 N.W.2d 242 (Mich. Ct. App. 2015).
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).
— Mich. Comp. Laws § 691.1416(k) — 33 cases
Willett v. Waterford Charter Twp., 718 N.W.2d 386 (Mich. Ct. App. 2006).
Linton v. Arenac Cnty. Road Comm'n, 729 N.W.2d 883 (Mich. Ct. App. 2006).
Fingerle v. City of Ann Arbor, 863 N.W.2d 698 (Mich. Ct. App. 2014).
Jackson Cnty. Drain Comm'r v. Vill. of Stockbridge, 717 N.W.2d 391 (Mich. Ct. App. 2006).
Bosanic v. Motz Dev., Inc, 745 N.W.2d 513 (Mich. Ct. App. 2008).
— 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). “Plaintiff filed suit on February 2, 2022, asserting one count against defendants for a “sewage disposal system event pursuant to MCL 691.1416 et seq.” Defendants moved for summary disposition of plaintiff’s complaint under MCR 2.”
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). “” MCL 691.1416(b). “A ‘sewage disposal system event’ is defined, in pertinent part, as ‘the overflow or backup of a sewage disposal system onto real property.”
— 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).
Bosanic v. Motz Dev., Inc, 745 N.W.2d 513 (Mich. Ct. App. 2008).
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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