You are here: Home » Michigan Pothole Accident » Michigan Pothole Accident Laws
Michigan Pothole Accident Laws

Michigan Pothole Accident | Michigan Accident Lawyer

Michigan Pothole Accident Laws

The governmental agency having jurisdiction over the highway or roadway “shall maintain the highway in reasonable repair so that it is reasonably safe and convenient for public travel.” MCL 691.1402(1).

Therefore, there is a duty upon the city, road commission or MDOT to maintain a road in “reasonable repair”. If the agency breaches the duty, an individual may sue for either damage to their vehicle or personal injury.

Michigan Pothole Accident Liability Laws

In order for the agency to be liable to an individual, they must have actual or constructive notice of the defect in the road before the accident occurs. This means that they had actual notice i.e. someone told the city about the pothole. Or, in the exercise of reasonable diligence, they should have known of the defect AND had a reasonable time to repair the defect before the injury took place. Knowledge of the defect and time to repair the same shall be conclusively presumed when the defect existed so as to be readily apparent to an ordinarily observant person for a period of 30 days or longer before the injury took place. This does NOT mean that if a pothole was only there for a few days that the agency would not be liable. 30 days makes it a per se violation, but that does not mean that an agency can wait 30 days to repair a pothole.

The individual injured on a defective road must notify the governmental agency of the injury and the defect within 120 days from the date of injury. MCL 691.1404(1).

We Can Help With Your Pothole Accident

If you have been injured in an accident in Michigan involving a pothole, please contact us by phone at 855-MIKE-WINS or e-mail and we will be happy to answer all of your questions at no charge.

This firm’s professionalism far exceeds the normal verbal and written communications expected from a law office. They could not have done a better job with the matters concerning my case and I would highly recommend them.

Melvin JohnsonHighland Park, Michigan

Comments are closed.

Scroll To Top
michigan lawyer