Legal Question in Personal Injury in Michigan
Small Claims Court
My city, Whitehall, Michigan has denied a claim for a 'sewer event' where in 6000 gal. of sewage & chemical waste flow into our basement via the city sewer. I had an engineer examin the ''sewer system of home, lateral, city system'' and he opones it is a defective system. There have bee 5 sewer events. Each costing over $1500.
Can I file a claim in small claims court for these events one at a time. No attorney wants to handle small amount tort claims such as this for less that the amount of the damages. I can document affirmation of all 5 requirements of Act 170 PA of Michigan.
1 Answer from Attorneys
Re: Small Claims Court
Honestly, there is some new case that addresses municipal liability. the problem that you have, is that governments are generally not liable for torts due to governmental immunity. In other words, you cannot sue a governmental entity unless the government gives you permission. For example, there is a statute allowing suits against governmental entities for car accidents. A statute allows suits against governmental entities for defective roads under very limited conditions. A statute allows suits against a governmental entity for defective buildings. Each of these areas is very complex and riddled with exceptions. That is why, what looks to you as a simple case is actually very complex and an incredible amount of work. You'll be in way over your head. I would have your insurance pay the damages and let them worry about reimbursement. William S. Stern
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