Generally, the government is immune from tort liability when engaged in a governmental function. However, an exception to this general rule exists when the government fails to maintain and repair public highways.
The general rule is that government agencies and their employees are immune from tort liability when they are engaged in governmental functions. MCL 691.1401 et seq. However, there are certain exceptions where an injured party can still bring a lawsuit for compensation against government agencies and employees.
In premises liability cases, the location of the plaintiff’s fall can drastically change the requirements that must be satisfied in order to bring a claim for damages. Take for example a fall as a result of a defective sidewalk. If the injury occurred on private property, the plaintiff generally has three years from the date of the accident to bring a negligence claim. If, however, the injury occurred on a public sidewalk, the injured party must provide notice to the proper governmental agency within 120 of the accident, or risk having their case dismissed.