Michigan Pothole Claims: Suing the Government for Bad Roads
Michigan roads are infamous. Freeze-thaw cycles, inadequate maintenance budgets, and heavy truck traffic create potholes that destroy vehicles and cause serious accidents. But suing the government for road defects in Michigan is not straightforward — you're fighting governmental immunity, and the rules are strict.
The Highway Exception to Governmental Immunity
Michigan's Governmental Immunity Act generally protects government entities from lawsuits. However, the "highway exception" under MCL § 691.1402 allows claims when a government entity knew or should have known about a road defect and failed to maintain the highway in reasonable repair. This means you must prove the specific defect (the pothole, crumbled pavement, or missing signage) was known to the government entity or existed long enough that it should have been discovered through reasonable inspection.
The 120-Day Notice Requirement
Before filing a pothole or road defect claim against a government entity, you must provide written notice within 120 days of the injury. The notice must identify the exact location of the defect, the nature of the defect, and the injuries suffered. Missing this deadline is fatal to your claim — no exceptions. This is why consulting an attorney immediately after a road-defect accident is critical.
Types of Road Defect Claims
Claims go beyond potholes. Koussan Law handles cases involving deteriorated road surfaces, missing or obscured road signs, malfunctioning traffic signals, inadequate shoulder conditions, highway construction zone hazards, and drainage problems that create standing water or ice. Each requires proving the specific government entity responsible for that road segment knew or should have known about the hazard.
Injured by a road defect? Call Koussan Law at (313) 800-0000 or use our case calculator.
