GOV'TAL IMMUNITY: TWO-INCH RULE S.B. 1475 (S-1):
FLOOR SUMMARY
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Senate Bill 1475 (Substitute S-1 as reported)
Sponsor: Senator Wayne Kuipers
Committee: Judiciary
CONTENT
The bill would amend provisions of the governmental immunity law that address the liability of a municipality for defects in a sidewalk, to apply the two-inch rule (a rebuttable inference of reasonable repair if a defect is less than two inches deep) to sidewalks adjacent to municipal and State highways, in addition to sidewalks adjacent to county highways.
Currently, a municipality does not have a duty to repair or maintain a portion of a county highway outside the improved portion of a highway, including a sidewalk, trailway, crosswalk, unless the municipality knew or should have known of a defect at least 30 days before an injury, death, or damage, and the defect was a proximate cause of the injury, death, or damage. In addition, a discontinuity defect of less than two inches creates a rebuttable inference that the municipality maintained the sidewalk, trailway, or crosswalk in reasonable repair.
The bill provides, instead, that a municipality would not have a duty to repair or maintain a county highway but would have to maintain a sidewalk adjacent to a municipal, county, or State highway pursuant to Section 2(1) of the law (which imposes on all governmental agencies a duty to maintain highways under their jurisdiction in reasonable repair). A municipality's liability arising from a duty to maintain a sidewalk would be limited by the following provision.
A discontinuity defect of less than two inches, measured vertically, in a sidewalk would create a rebuttable presumption that a municipality with a duty to maintain the sidewalk maintained it in reasonable repair. This presumption could be rebutted by evidence of specific facts showing that there was a dangerous condition in the sidewalk itself of a particular character that was a proximate cause of the injury.
"Sidewalk" would mean a public sidewalk, trailway, crosswalk, or other public installation intended for pedestrian, bicycle, or other nonmotorized transportation use, situated outside of the improved portion of a highway designed for vehicular travel.
MCL 691.1401 et al. Legislative Analyst: Suzanne Lowe
FISCAL IMPACT
The bill would result in indeterminate savings to local units of government related to future liability claims.
Date Completed: 11-8-10 Fiscal Analyst: Bill BowermanAnalysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb1475/0910