Hatch vs. Grand Haven Charter Township

"Bike paths" (which are more often multi-use paths) are often touted as safe alternatives to roads for cycle transportation. However, research has found that roads are usually safer, in part because they enable more predictable behavior at intersections. In addition, at least in Michigan, it appears that local governments do not have the same responsibility to maintain paths in safe condition that they do to maintain roads.

In a 2000 case, Hatch v. Grand Haven Charter Township, a cyclist (Hatch) hit a pothole on a path in Grand Haven and fell, breaking his arm and hip. While a lower court found the township responsible for maintaining the path, the State Supreme Court reversed the decision, finding that the laws on exclusion from governmental immunity that apply to roads and sidewalks don't apply to paths.

Read the full text of the decision.

Last updated: November 16, 2002