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How does comparative fault work in Michigan?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

1. Negligence Elements. Michigan negligence requires duty, breach, factual and proximate cause, and damages (Case v. Consumers Power, 463 Mich. 1). Duty analysis uses Buczkowski v. McKay, 441 Mich. 96 multi-factor test.

2. Comparative Fault Regime. MCL § 600.2959: "if that person's percentage of fault is greater than the aggregate fault of the other person or persons... the court shall reduce economic damages by the percentage of comparative fault of the person upon whose injury... the damages are based... [and] noneconomic damages shall not be awarded." Translation: at >50% fault, plaintiff recovers reduced economic damages only; no noneconomic. At ≤50% fault, both reduced proportionally.

3. Joint and Several Liability. MCL § 600.6304 — abolished J&S in negligence. Each defendant is severally liable for its percentage share. Medical malpractice and product liability follow this rule. Exceptions: gross negligence in medical, drunk driving (§ 600.6304(6)).

4. Last Clear Chance / Sudden Emergency. Subsumed in comparative scheme. Sudden emergency persists as Michigan Civil Jury Instructions M Civ JI 12.02.

5. Settling Tortfeasors. MCL § 600.2925d — settlement extinguishes contribution against settling party. Verdict reduced by settling defendant's percentage of fault.

6. Statute of Repose vs SOL. Personal injury SOL is 3 years (MCL § 600.5805(2)). Med-mal SOL is 2 years with 6-year repose (§ 600.5838a). Construction repose is 6 years for negligence, 10 years for gross negligence (§ 600.5839).

7. Caps. Med-mal noneconomic capped at $280,000 (adjusted annually) under MCL § 600.1483, or $500,000 (adjusted) for catastrophic injuries (paraplegia, permanent cognitive impairment, loss of reproductive organs). 2026 inflation-adjusted figures are higher. Product liability noneconomic capped at $280,000/$500,000 under § 600.2946a.

8. Wrongful Death Comparative. MCL § 600.2922 wrongful death applies § 600.2959; decedent's fault reduces or bars noneconomic recovery.

9. Worker Injuries. Michigan WCA (MCL § 418.131) exclusive remedy with intentional tort exception (specific intent). Third-party suits apply § 600.2959. No-fault auto law (MCL § 500.3135) governs auto injury claims separately.

This is legal information, not legal advice.

When to Talk to a Lawyer
  • Auto injury case requiring no-fault threshold analysis under MCL § 500.3135
  • Med-mal claim with catastrophic injury seeking § 600.1483(2) higher cap
  • Multi-defendant case where § 600.6304 several-only rule risks collection shortfalls
Related Statutes & Laws
  • MCL § 600.2959
  • MCL § 600.6304
  • MCL § 600.1483

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.