Personal Injury Law
Negligence, comparative fault, premises liability, and the doctrines that decide who pays.
Personal Injury Law Definitions
Negligence, comparative fault, premises liability, and the doctrines that decide who pays.
- A Assumption of Risk Link
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A defense that argues the plaintiff voluntarily encountered a known danger and therefore cannot hold the defendant liable. In Michigan, assumption of risk has largely been subsumed into the comparative fault framework under MCL 600.2959.
- A Attractive Nuisance Link
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A dangerous condition or object on property that is likely to attract children who may not understand the risk. Under Michigan law, landowners have a duty to exercise reasonable care to protect trespassing children from artificial conditions that pose an unreasonable risk, if children are likely to trespass and the risk outweighs the utility of maintaining the condition.
See also - B Breach of Duty Link
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One of the four elements of a negligence claim. A breach occurs when a defendant fails to act as a reasonable person would under the same circumstances. Whether conduct constitutes a breach is typically a question for the jury.
See also - B But-For Causation Link
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A causation test asking: but for the defendant's negligence, would the plaintiff's injury have occurred? If the answer is no, the defendant's negligence is a cause-in-fact of the injury. But-for causation is the standard test; the "substantial factor" test is used when multiple independent causes combine to cause a single harm.
See also - C Causation Link
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The causal link between the defendant's negligence and the plaintiff's injury. Michigan requires proof of both cause-in-fact (the "but-for" test) and proximate cause (the harm was a foreseeable result of the negligence). Without causation, there is no viable negligence claim even if the defendant clearly acted wrongly.
- C Comparative Fault Link
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Michigan's system for allocating fault among multiple parties. Under MCL 600.2959, a plaintiff can still recover damages even if they were partially at fault - but their recovery is reduced by their percentage of fault. If a plaintiff is found to be 51% or more at fault, they cannot recover anything. This is called a modified comparative fault system.
Example: If a jury finds the plaintiff suffered $100,000 in damages but was 30% at fault, the plaintiff recovers $70,000.
- C Contributory Negligence Link
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A plaintiff's failure to exercise ordinary care for their own safety that contributes to causing their own injury. Under Michigan's comparative fault system, fault assigned to the plaintiff reduces damages by that percentage. If the plaintiff's fault is greater than the combined fault of everyone else, economic damages are still reduced by that percentage, but noneconomic damages are not awarded.
See also - D Dram Shop Liability Link
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Legal liability of a bar, restaurant, or other licensed liquor establishment for injuries caused by an intoxicated patron they served. Michigan's Dramshop Act (MCL 436.1801) allows injured third parties to sue a liquor establishment that served visibly intoxicated persons who then caused harm. These claims are deadline-sensitive and generally must be filed within two years after injury or death, with written notice to all defendants within 120 days after an attorney-client relationship is formed for the dram shop claim unless the statutory exception applies.
- D Duty of Care Link
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The legal obligation to act with reasonable care toward others who could foreseeably be harmed by your conduct. Duty is the first element of any negligence claim. Drivers have a duty to other motorists and pedestrians. Property owners have a duty to people on their property. Doctors have a duty to their patients.
See also - F Fault Allocation (Michigan) Link
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Michigan uses a several liability system under MCL 600.6304 for most tort cases. Each defendant generally pays only their proportionate share of fault unless a statutory exception applies, such as certain medical-malpractice allocation rules or qualifying crime-based conduct under MCL 600.6312.
- F Foreseeability Link
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The test for whether a defendant should have anticipated that their conduct might cause a particular type of harm. Foreseeability is central to both the duty and proximate cause analyses in Michigan negligence law.
- G Gross Negligence Link
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Conduct that is substantially more than ordinary carelessness - reckless disregard for the rights and safety of others. Gross negligence is significant in Michigan because it is the threshold required to overcome governmental immunity for individual government employees under MCL 691.1407(2). It is also relevant in cases involving assumption of risk.
- I Imputed Negligence Link
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The legal attribution of one person's negligence to another person based on their relationship. For example, an employer may be held liable (through respondeat superior) for the negligent acts of an employee acting within the scope of employment.
- I Informed Consent Link
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A patient's right to receive enough information about a medical procedure - including risks, benefits, and alternatives - to make a voluntary, informed decision. In Michigan medical malpractice cases, a claim for lack of informed consent requires showing that a reasonable person in the patient's position would not have consented to the procedure had they been properly informed.
- I Invitee Link
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A person who enters property at the landowner's express or implied invitation. Under Michigan premises liability law, landowners owe the highest duty of care to invitees - the duty to inspect, discover, and repair or warn of dangerous conditions. Business customers, shoppers, and members of the public entering commercial establishments are generally invitees.
See also - J Joint and Several Liability Link
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A rule under which each defendant who is found liable can be required to pay the full amount of damages, regardless of their individual percentage of fault, leaving the paying defendant to seek contribution from the others. Michigan has largely abolished joint and several liability in personal injury cases through MCL 600.6304, but it remains available for defendants who acted intentionally.
- L Licensee Link
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A person who enters property with the owner's permission but for their own purposes, not for a business reason. Michigan landowners owe licensees a duty to warn of known dangerous conditions that the licensee would not reasonably discover. Social guests are typically classified as licensees.
See also - M Medical Malpractice Link
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A claim arising from a healthcare provider's failure to meet the applicable standard of care, resulting in injury or death to the patient. Michigan has specific procedural requirements for medical malpractice cases, including a mandatory Notice of Intent (MCL 600.2912b), a 182-day waiting period, and an affidavit of merit from a qualified medical expert signed before suit is filed (MCL 600.2912d).
- N Negligence Link
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The legal theory at the heart of most personal injury claims. To prove negligence in Michigan, a plaintiff must establish four elements: (1) the defendant owed a duty of care; (2) the defendant breached that duty; (3) the breach caused the plaintiff's injury; and (4) the plaintiff suffered actual damages as a result. All four elements must be proven by a preponderance of the evidence.
- N Negligence Per Se Link
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Negligence established by proof that a defendant violated a statute or regulation designed to prevent the type of harm that occurred and that the plaintiff is in the class of persons the statute was meant to protect. In Michigan, violation of a statute or ordinance is evidence of negligence but is not automatically conclusive.
- O Open and Obvious Doctrine Link
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A significant Michigan legal defense that holds a property owner is not liable for injuries caused by dangerous conditions that are "open and obvious" - meaning a reasonably careful person would have noticed and appreciated the risk. Under Lugo v. Ameritech Corp, 464 Mich 512 (2001), an open and obvious condition generally negates the duty to warn or repair. However, Michigan courts recognize exceptions when the condition is "unreasonably dangerous" or "effectively unavoidable." This doctrine is frequently litigated in slip-and-fall and premises liability cases.
- P Premises Liability Link
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The area of law governing a property owner's legal responsibility for injuries that occur on their property. The duty owed depends on the status of the person injured (invitee, licensee, or trespasser) and the nature of the condition causing the harm. Michigan's open and obvious doctrine is a major defense in premises liability cases.
- P Product Liability Link
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Legal liability of manufacturers, designers, distributors, or sellers for injuries caused by defective products. There are three theories: design defect, manufacturing defect, and failure to warn. Michigan follows the Michigan Products Liability Act (MCL 600.2945 et seq.), which includes a rebuttable presumption that a product meeting FDA or other regulatory approval standards is not defective.
- P Proximate Cause Link
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The legal requirement that the defendant's negligence must have been the direct, foreseeable cause of the plaintiff's injury - not merely a cause in fact. Even if the defendant's conduct contributed to the injury, they may not be liable if the injury was caused by an unforeseeable intervening act.
- R Recklessness Link
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Conduct that consciously disregards a substantial and unjustifiable risk of harm to others. Recklessness is more than mere carelessness but does not require intent to harm. It is relevant to overcoming governmental immunity under MCL 691.1407(2) and to claims for exemplary damages in Michigan.
- R Res Ipsa Loquitur Link
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Latin for "the thing speaks for itself." A doctrine that allows a plaintiff to establish negligence by circumstantial evidence when the type of harm that occurred typically does not happen without negligence, and the instrumentality causing the harm was within the defendant's exclusive control. Commonly used in surgical instrument left inside a patient cases.
- R Respondeat Superior Link
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Latin for "let the master answer." The legal doctrine holding an employer liable for the negligent acts of an employee committed within the scope of employment. Under respondeat superior, injured parties can seek compensation from both the individual employee and the employer (which typically has greater resources).
- S Slip and Fall Link
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A premises liability claim arising from injuries caused by a fall on another person's property due to a dangerous condition - such as wet floors, icy sidewalks, uneven surfaces, or inadequate lighting. Michigan's open and obvious doctrine is a frequently raised defense in these cases.
- S Standard of Care Link
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The level of care, skill, and treatment a reasonably competent professional in the same field would provide under the same circumstances. In medical malpractice cases, deviation from the standard of care is the central issue. Expert testimony is required to establish the applicable standard.
- S Strict Liability Link
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Liability imposed without proof of negligence or intent to harm. In Michigan, strict liability applies in some product liability cases and dog bite claims. Under MCL 287.351, a dog owner is strictly liable for damages caused by a dog bite to a person who was in a public place or lawfully in a private place - regardless of whether the owner knew the dog was dangerous.
- T Third-Party Claim (Tort Claim) Link
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In the Michigan No-Fault context, a claim against the at-fault driver for non-economic damages (pain and suffering). To bring a third-party claim, a plaintiff must prove a "serious impairment of body function" or "permanent serious disfigurement" under MCL 500.3135. This is distinct from a first-party No-Fault PIP claim for economic benefits.
- T Trespasser Link
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A person who enters property without permission or legal right. Michigan landowners owe trespassers a very limited duty of care - generally only to refrain from willful or wanton misconduct. However, the duty is higher when the trespasser is a child (attractive nuisance doctrine).
See also - V Vicarious Liability Link
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The indirect legal responsibility of one party for the acts of another due to their relationship. Employers are vicariously liable for employees' negligent acts within the scope of employment. A vehicle owner may be vicariously liable for accidents caused by a person they allowed to drive their car under the owner consent statute (MCL 257.401).
This glossary is provided for general informational purposes only and does not constitute legal advice. Reading this glossary does not create an attorney-client relationship. Laws change and Michigan statutes may be amended after the date this glossary was last updated. Always consult a licensed Michigan attorney for legal advice specific to your situation.