Personal Injury
Comparative Fault
5 statutes with plain-language summaries, case relevance, source links, and related Michigan practice areas.
Comparative Fault
5 statutes"It is an absolute defense in an action for the death of an individual or for injury to a person or property that the individual upon whose death or injury the action is based had an impaired ability to function due to the influence of intoxicating liquor or a controlled substance, and as a result of that impaired ability, the individual was 50% or more the cause of the accident or event that resulted in the death or injury." If the person was less than 50% the cause, damages are reduced by that percentage.Read Full Statute
If the person whose injury or death is the basis of the case had an impaired ability to function because of alcohol or controlled substance use, and that impaired ability made the person 50% or more the cause of the accident or event, it is an absolute defense. If the person was less than 50% the cause, damages are reduced by that percentage.
Insurance companies will investigate impairment evidence after crashes and injury events. Impairment alone is not enough; the defense must connect the impaired ability to causation and the percentage of fault.
We carefully review all evidence and counter intoxication arguments with accident reconstruction and medical evidence.
"In an action based on tort or another legal theory seeking damages for personal injury, property damage, or wrongful death, the liability of each person shall be allocated under this section by the trier of fact and, subject to section 6304, in direct proportion to the person's percentage of fault." The trier of fact considers the fault of each person, whether or not that person was or could have been named as a party.Read Full Statute
Michigan uses a modified comparative fault system. The jury assigns a percentage of fault to every party — including the plaintiff, defendants, and even non-parties. Your damages are reduced by your percentage of fault. If your fault is greater than the combined fault of everyone else, economic damages are still reduced by your percentage of fault, but noneconomic damages are not awarded.
If you are found 30% at fault, your total damages are reduced by 30%. If your fault is greater than the combined fault of everyone else, noneconomic damages are not awarded and economic damages are reduced proportionately.
We work to minimize your assigned fault percentage through expert testimony, evidence preservation, and aggressive cross-examination.
"Subject to section 2959, in an action based on tort or another legal theory seeking damages for personal injury, property damage, or wrongful death, a plaintiff's contributory fault does not bar that plaintiff's recovery of damages."Read Full Statute
Subject to MCL 600.2959, a plaintiff's contributory fault does not automatically bar recovery in a tort, personal injury, property damage, or wrongful death case.
A client can still recover damages even when the defense proves some fault by the injured person. The amount and type of recovery then depend on the percentage rules in MCL 600.2959 and related statutes.
We separate ordinary contributory-fault arguments from the statutory thresholds that reduce or bar certain categories of damages.
"If the plaintiff is found to be more than 50% at fault under the comparative fault principles applicable in this state, the plaintiff shall not recover noneconomic damages. The percentage of fault attributable to the plaintiff shall reduce the plaintiff's recovery of economic damages proportionately."Read Full Statute
Once fault percentages are assigned, the court reduces damages by the injured person's percentage of comparative fault. If that person's fault is greater than the aggregate fault of everyone else, economic damages are still reduced proportionately, but noneconomic damages are not awarded.
A 10% fault finding reduces recoverable damages by 10%. A finding above 50% has a much larger effect because it eliminates noneconomic damages such as pain and suffering.
We vigorously contest fault allocations through expert testimony and evidence.
"In an action based on tort or another legal theory seeking damages for personal injury, property damage, or wrongful death involving fault of more than 1 person... the court... shall instruct the jury to answer special interrogatories" identifying total damages and percentages of fault. Liability is several only and not joint, except as otherwise provided, and the statute contains special medical-malpractice reallocation rules.Read Full Statute
This statute tells the jury or court how to identify total damages and allocate percentages of fault among all people who contributed to the injury or death, including parties, released parties, and nonparties. Michigan generally uses several liability, so each defendant pays only its percentage of fault, with special reallocation rules in medical malpractice cases.
If a defendant is uninsured, bankrupt, immune, or missing from the case, several liability can affect collectability. In medical malpractice cases, the statute has special rules for joint and several liability or reallocation depending on plaintiff fault.
We identify all potentially liable parties and all available insurance coverage before trial to protect full recovery.