Personal Injury
Joint & Several Liability
4 statutes with plain-language summaries, case relevance, source links, and related Michigan practice areas.
Statutory text checked against the Michigan Compiled Laws, complete through PA 16 of 2026, on June 12, 2026.
Joint & Several Liability
4 statutes"Where 2 or more persons are jointly or severally liable in tort for the same injury to person or property, or the same wrongful death, there is a right of contribution among them even though judgment has not been recovered against all or any of them."Read Full Statute
When two or more people are jointly or severally liable in tort for the same injury, property damage, or wrongful death, Michigan law recognizes a right of contribution among them. This is mostly a dispute among liable parties over who pays what share.
Contribution rules can affect settlement posture in multi-defendant cases, but they do not replace the current fault-allocation and several-liability rules that usually govern a plaintiff's judgment.
We account for contribution dynamics when structuring multi-defendant settlements and releases, while keeping the client's collectible recovery as the priority.
"Except as provided in section 6304... the liability of each defendant for damages is several only and is not joint. However, this section does not abolish an employer's vicarious liability for an act or omission of the employer's employee."Read Full Statute
In most Michigan tort cases, liability is several only. Each person is allocated responsibility in direct proportion to that person's percentage of fault, except where another statute creates an exception.
If a defendant is uninsured or insolvent, the plaintiff often cannot force other defendants to cover that share. Identifying all insured, solvent defendants and any statutory exceptions is critical.
We investigate every possible defendant and their insurance coverage before filing to ensure we can actually collect on any verdict we win.
"Liability in an action to which this section applies is several only and not joint. Except as otherwise provided in subsection (6), a person shall not be required to pay damages in an amount greater than his or her percentage of fault." The statute includes special medical-malpractice allocation and reallocation rules.Read Full Statute
In tort cases involving fault of more than one person, the jury or court must allocate percentages of fault. Liability is several only unless a statutory exception applies, and medical-malpractice claims have special allocation and reallocation rules.
Fault allocation can reduce or limit the collectible judgment against any one defendant. Nonparty fault, released parties, government defendants, and malpractice-specific rules all require careful review.
We identify all at-fault parties, defend against improper nonparty-fault arguments, and build the record needed for accurate allocation and collectability analysis.
"A defendant that is found liable for an act or omission that causes personal injury, property damage, or wrongful death is jointly and severally liable" if the act or omission falls within the listed crime-based categories, including certain gross-negligence crimes and specified alcohol- or controlled-substance offenses for which the defendant is convicted.Read Full Statute
Michigan preserves joint and several liability for certain defendants whose act or omission caused personal injury, property damage, or wrongful death and falls within listed crime-based categories, including specified convictions involving gross negligence, alcohol, or controlled substances.
This exception can matter in drunk-driving, intoxication-related, or other crime-based injury cases where a qualifying conviction exists. It should not be treated as a general joint-and-several-liability rule.
We check criminal charging and conviction records when the facts suggest this exception may affect fault allocation and collectability.