MCL § 691.1406 – Public building exception (liability for unsafe conditions in public buildings)
Table of Contents
Code Details
Chapter 691
Act 170 of 1964
Exact Statute Text
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691.1406 Public buildings; dangerous condition; liability; notice, contents, service.
Sec. 6.
Governmental agencies have the obligation to repair and maintain public buildings under their control when open for use by members of the public. Governmental agencies are liable for bodily injury and property damage resulting from a dangerous or defective condition of a public building if the governmental agency had actual or constructive knowledge of the defect and, for a reasonable time after acquiring knowledge, failed to remedy the condition or to take action reasonably necessary to protect the public against the condition. Knowledge of the dangerous and defective condition of the public building and time to repair the same shall be conclusively presumed when such defect existed so as to be readily apparent to an ordinary observant person for a period of 90 days or longer before the injury took place. As a condition to any recovery for injuries sustained by reason of any dangerous or defective public building, the injured person, within 120 days from the time the injury occurred, shall serve a notice on the responsible governmental agency of the occurrence of the injury and the defect. The notice shall specify the exact location and nature of the defect, the injury sustained and the names of the witnesses known at the time by the claimant.
The notice may be served upon any individual, either personally, or by certified mail, return receipt requested, who may lawfully be served with civil process directed against the responsible governmental agency, anything to the contrary in the charter of any municipal corporation notwithstanding. If required by the legislative body or chief administrative officer of the responsible governmental agency, the claimant shall appear to testify, when physically able to do so, and shall produce his witnesses before the legislative body, a committee thereof, the chief administrative officer, his deputy, or a legal officer of the governmental agency, as directed by the legislative body or by the chief administrative officer of the responsible governmental agency, for examination under oath as to the claim, the amount thereof, and the extent of the injury. Notice to the state of Michigan shall be given as provided in section 4. No action shall be brought under the provisions of this section against any governmental agency, other than a municipal corporation, except for injury or loss suffered after July 1, 1965.
MCL § 691.1406 Summary
This section of the Michigan Compiled Laws outlines an important exception to governmental immunity, allowing individuals to seek compensation for injuries or property damage caused by unsafe conditions in public buildings. It establishes that governmental agencies must maintain and repair public buildings under their control that are open to the public. These agencies can be held responsible for injuries if a dangerous or defective condition in the building leads to harm, provided the agency knew about the defect (either actually or constructively) and failed to fix it or protect the public within a reasonable timeframe. A key provision states that if a defect was readily apparent to a typical observer for 90 days or more before an injury, the agency is conclusively presumed to have had knowledge and time to repair it. Crucially, an injured person must notify the responsible governmental agency within 120 days of the injury, detailing the defect’s location and nature, the injury sustained, and any known witnesses. The statute also covers how this notice can be served and the possibility of being required to testify or produce witnesses under oath regarding the claim.
Purpose of MCL § 691.1406
The legislative aim behind this particular Michigan Compiled Law section is to strike a balance between the broad protection of governmental immunity and the public’s right to safety when using government-owned facilities. By creating the public building exception, the statute addresses the problem of potential negligence by governmental agencies that could lead to dangerous conditions in buildings like schools, courthouses, libraries, or municipal offices. It ensures that while the state and its subdivisions generally cannot be sued for torts, they still bear a responsibility to maintain safe public spaces. This law encourages governmental entities to proactively inspect, repair, and maintain their buildings, thereby reducing the risk of injury to citizens and ensuring accountability when dangerous conditions are allowed to persist. It provides a legal avenue for victims to recover damages, promoting a higher standard of care for public infrastructure.
Real-World Example of MCL § 691.1406
Consider a scenario where Sarah, a student, is walking down a hallway in a public high school. For over six months, a section of the linoleum flooring in that hallway has been peeling up, creating a trip hazard that is clearly visible to anyone walking by. School staff, including custodians and teachers, have been aware of the loose flooring, and several minor stumbles have occurred previously, though none resulted in serious injury. Despite this knowledge, the school administration, a governmental agency, has not taken any steps to repair the floor or place warning signs. One day, Sarah trips on the peeled linoleum, falls, and breaks her wrist.
In this instance, MCL § 691.1406 would allow Sarah to pursue a personal injury claim against the school district. The public high school is a public building open for use by members of the public. The peeled linoleum constitutes a dangerous and defective condition. Because the defect was readily apparent for more than 90 days, the school district is conclusively presumed to have had knowledge of it and sufficient time to remedy the condition. If Sarah, or her legal representative, serves proper notice to the school district within 120 days of her injury, detailing the exact location (the specific hallway), nature of the defect (peeled linoleum), her injury (broken wrist), and any witnesses, she would meet the statutory requirements to bring a lawsuit under this exception to governmental immunity.
Related Statutes
MCL § 691.1407: This is the primary governmental immunity statute in Michigan, establishing the general rule that governmental agencies are immune from tort liability when engaged in the exercise or discharge of a governmental function. MCL § 691.1406 acts as one of the critical exceptions to this broad immunity, specifically addressing unsafe public buildings. Understanding § 691.1407 is crucial because § 691.1406 only comes into play after the general immunity has been established.
MCL § 691.1401: This section provides definitions for terms used within Act 170 of 1964, which includes MCL § 691.1406. It defines terms like “governmental agency,” “public highway,” and “motor vehicle” which can be relevant for interpreting the scope and application of the various immunity exceptions, including the public building exception.
Case Law Interpreting MCL § 691.1406
The interpretation of MCL § 691.1406 has been a frequent subject of litigation in Michigan courts, often focusing on what constitutes a “dangerous or defective condition” and the scope of “public building.” A notable case is *Renown v. City of Detroit*, 497 Mich 284 (2015). This Michigan Supreme Court case clarified that the public building exception applies when the dangerous condition is related to the *building itself*, its structural components, or its fixtures, making the building unsafe for its intended use. It does not extend to defects in equipment or movable furnishings that are merely housed within the building, nor to open and obvious hazards if the condition does not arise from a structural defect of the building. The ruling affirmed that the exception is narrow and is intended to address dangers *within* the building.
For more information, you can find search results for *Renown v. City of Detroit* on Google Scholar by clicking here.
Why MCL § 691.1406 Matters in Personal Injury Litigation
MCL § 691.1406 is immensely significant in Michigan personal injury litigation because it represents one of the few avenues through which individuals can hold governmental agencies accountable for injuries. Without this specific exception, victims injured due to unsafe conditions in a public school, municipal office, library, or courthouse would generally be barred from suing under the doctrine of governmental immunity. For plaintiffs, this statute provides a crucial legal foundation, but it comes with strict requirements, particularly the 120-day notice provision. Failure to adhere to this notice period is often fatal to a claim, regardless of the severity of the injury or the clarity of the agency’s negligence.
For personal injury attorneys, understanding the nuances of this statute is paramount. They must meticulously investigate the nature of the defect (ensuring it relates to the building itself), establish actual or constructive knowledge on the part of the governmental agency, and, most importantly, ensure timely and proper service of the notice. The “90-day conclusive presumption” regarding knowledge is a powerful tool for plaintiffs, as it shifts the burden of proof regarding the agency’s awareness. Conversely, defense attorneys representing governmental agencies will often challenge whether the condition truly falls under the “public building” exception, argue lack of timely notice, or dispute the agency’s knowledge of the defect if it existed for less than 90 days. This statute fundamentally shapes strategy, evidence gathering, and argument formulation for both sides in cases involving injuries on public property.