Motor Vehicle Exception To Governmental Immunity

Metro Detroit Personal Injury Lawyer

Generally, the government is immune from tort liability when engaged in a governmental function (see When Can The Government Be Sued?). However, an exception to this general rule exists when a officer, agent, or employee of a governmental agency negligently operates a motor vehicle for which the governmental agency owns. If breached, the governmental agency is liable for all bodily injury and property damage that results. MCL 691.1405

A plaintiff seeking to invoke the motor vehicle exception to governmental immunity, must show the following: 

  1. That a motor vehicle was involved; 
  2. That a governmental agency was the owner of the vehicle;  
  3. That the vehicle was operated as a motor vehicle;  
  4. That the operator was an officer, agent, or employee of the governmental agency; and 
  5. That bodily injury and/or property damage resulted from the negligent operation. 

Metro Detroit Injury Lawyers is a Bloomfield Hills, Michigan law firm practicing personal injury law. Contact us today at 248-430-8929 for a free consultation and evaluation of your case, with no obligation.