Michigan Tort Laws

Michigan tort laws encompass a wide range of legal principles and statutes that govern civil wrongs and the remedies available to injured parties. These laws aim to compensate individuals who have suffered harm or injury due to the actions or negligence of others. In Michigan, various types of tort claims exist, including personal injury, product liability, medical malpractice, premises liability, and more.

Accidents and injuries in Michigan are unfortunately not uncommon. According to the Michigan State Police Traffic Crash Statistics, there were 314,921 traffic crashes reported in Michigan in 2020, resulting in 905 fatalities and thousands of injuries. Slip and fall accidents, workplace injuries, and medical negligence cases also contribute to the overall statistics of injuries in the state.

One notable case in Michigan is the Flint water crisis, where residents were exposed to lead-contaminated water due to negligence and misconduct. This case resulted in a multitude of personal injury claims and lawsuits against government officials and entities responsible for the water supply.

Negligence:

Duty to Act Reasonably: 

Individuals have a duty to act with reasonable care to avoid causing harm to others. Violations can occur in various situations, such as car accidents, slip and falls, or medical malpractice. You can contact local law enforcement or consult a personal injury attorney to report violations.

Intentional Torts:

Assault and Battery: 

Assault is the intentional act of causing apprehension or fear of harmful or offensive contact with another person. Battery refers to the deliberate act of physically contacting another person in a harmful or offensive manner. Both assault and battery can be considered separate torts, but they are often discussed together due to their close relationship. If you are a victim of assault or battery, you can report the incident to the police.

False Imprisonment: 

False imprisonment occurs when an individual intentionally and unlawfully restrains another person's freedom of movement without their consent and without legal justification. It involves confining or restraining someone against their will, either physically or through threats or coercion. If you have been falsely imprisoned, contact the police or consult with an attorney.

Defamation:

Defamation refers to false statements made by one person about another person, which harm the reputation of the individual being spoken about. Defamation can be categorized into two types: libel (written or printed false statements) and slander (spoken false statements). If you believe you have been defamed, consult a defamation lawyer who can guide you on how to report and pursue legal action.

Product Liability:

Defective Products: 

Defective product liability refers to situations where a product is unreasonably dangerous due to a defect in design, manufacturing, or inadequate warnings or instructions. If a person is injured or suffers harm as a result of using a defective product, they may have grounds for a product liability claim against the manufacturer, distributor, or seller. Contact the Consumer Protection Division of the Michigan Attorney General's Office or consult a product liability attorney to report violations.

Medical Malpractice:

Medical Negligence: 

Medical negligence occurs when a healthcare professional fails to provide the expected standard of care, resulting in harm or injury to a patient. This can include misdiagnosis, surgical errors, medication mistakes, or failure to obtain informed consent. Contact the Michigan Department of Licensing and Regulatory Affairs (LARA) to report violations or consult a medical malpractice attorney.

Premises Liability:

Slip and Fall Accidents: 

Slip and fall accidents occur when an individual is injured due to hazardous conditions, such as wet floors, uneven surfaces, or inadequate warning signs on a property. Property owners have a duty to maintain safe premises for visitors. If you are injured due to a hazardous condition on someone else's property, report the incident to the property owner or manager, and consider consulting with a personal injury attorney.

Wrongful Death:

Wrongful Death Claims: 

Wrongful death claims arise when another party's negligence, recklessness, or intentional act causes a person's death. These claims are brought by surviving family members to seek compensation for their losses. Consult with a wrongful death attorney to report violations and pursue legal action.

Strict Liability:

Dog Bite Liability: 

Dog bite liability refers to the legal responsibility of dog owners for injuries caused by their dogs biting or attacking others. In Michigan, dog owners are strictly liable for injuries caused by their dogs biting another person, regardless of the dog's past behavior or the owner's knowledge of aggression. To report violations or seek legal action, contact local law enforcement or consult a personal injury attorney.

Defamation:

Libel and Slander: 

Defamation comes in two forms: libel and slander. Both involve making false statements about someone that damages their reputation. The main distinction between the two lies in the form of communication. Libel refers to defamatory statements made in writing or other permanent forms, such as printed publications, online posts, or broadcast media. Slander, on the other hand, involves spoken defamatory statements. If you believe you have been defamed, consult a defamation lawyer who can guide you on how to report and pursue legal action.

Emotional Distress:

Intentional Infliction of Emotional Distress: 

Intentional infliction of emotional distress (IIED) is a tort that occurs when someone intentionally or recklessly engages in extreme and outrageous conduct that causes severe emotional distress to another person. The behavior must go beyond what is considered socially acceptable, and the distress must be severe. To report violations or seek legal recourse, consult a personal injury attorney who specializes in emotional distress cases.

Product Liability:

Failure to Warn: 

Failure to warn is a product liability claim that arises when a manufacturer or seller fails to provide adequate warnings or instructions regarding the potential risks or dangers associated with their product. This applies when a product, even when used as intended, poses a risk of harm that is not obvious to the consumer. If you have been harmed due to a product's lack of warning or inadequate instructions, report the incident to the Consumer Protection Division of the Michigan Attorney General's Office or consult a product liability attorney.

Michigan Business Liability Insurance Requirements

The Federal Motor Carrier Safety Administration (FMCSA) requires at least $300,000 in coverage for small trucks transporting non-hazardous household freight, with significantly higher limits for vehicles carrying various other types of cargo. For example, trucks loaded with hazardous materials must have $5 million in liability insurance; general freight carriers need a minimum of $750,000 in coverage; and fuel tankers are required to purchase at least $1 million in liability protection. Any commercial vehicle will also need $20,000 for bodily injury or death per person, $40,000 for total bodily injury or death per accident, and $10,000 for property damage.

How Much Can Someone Sue for an Injury in Michigan?

Pain and Suffering

If you meet this threshold injury requirement, the amount that you can recover for pain and suffering in Michigan depends on numerous factors, including:

• The severity of your injuries

• The length of time they are likely to affect you

• Whether or not you are able to reach a settlement agreement

Property Damage

Under Michigan’s auto insurance law, a driver can be personally sued only under certain circumstances. One such circumstance is limited property damage liability, also known as “mini-tort.” Under mini-tort, a driver who is 50% or more at fault in an accident may be sued for up to $3,000 in damages to cover the cost of the other driver’s deductible.

The Statute of Limitations in Michigan

The statute of limitations refers to the time limit within which a legal action must be initiated. It sets the maximum period after an event during which a lawsuit can be filed. Once the statute of limitations has expired, a claimant is generally barred from pursuing legal action. The specific statute of limitations can vary depending on the jurisdiction and the type of legal claim involved. Here is some general information about the statute of limitations:

Personal Injury:

In Michigan, the statute of limitations for personal injury claims, including cases such as car accidents, slip and fall accidents, or medical malpractice, is generally three years from the date of the injury or the discovery of the injury.

Property Damage:

For property damage claims, such as damage to real estate or personal property, the statute of limitations in Michigan is typically three years from the date the damage occurred.

It's important to note that the statutes of limitations can vary depending on the specific circumstances, the type of claim, and the jurisdiction. Additionally, certain exceptions or circumstances may affect the applicable time limit. It's always advisable to consult with an attorney to understand the statute of limitations relevant to your specific case and jurisdiction.

Legal Resources for Injured Folks in Michigan

The below resources offer valuable assistance for individuals navigating the legal landscape in Michigan. Michigan Legal Help provides free legal information, tools, and forms to help individuals understand and address their legal issues. The State Bar of Michigan is a professional organization for lawyers and offers resources for finding legal assistance. Michigan Courts provides information on the court system, forms, and online services. The Michigan Legislature website allows access to current laws and legislative information. The Michigan Department of Attorney General offers legal resources and consumer protection information to safeguard the interests of Michigan residents. Utilizing these resources can help individuals access the information and services they need for their legal matters in Michigan.

Michigan Legal Help (michiganlegalhelp.org):

Description: Michigan Legal Help is a comprehensive website that provides free legal information and resources for various legal issues. It offers self-help tools, forms, and guidance to assist individuals in navigating the legal system in Michigan.

Link: Michigan Legal Help

Contact: The website provides a Contact Us page with a form to submit inquiries or feedback.

State Bar of Michigan (michbar.org):

Description: The State Bar of Michigan is the professional organization that regulates the legal profession in the state. Their website provides resources for finding attorneys, legal education, lawyer referrals, and information about the legal system in Michigan.

Link: State Bar of Michigan

Contact: The State Bar of Michigan can be reached at (517) 346-6300 or through their Contact Us page.

Michigan Courts (courts.michigan.gov):

Description: Michigan Courts is the official website of the Michigan state courts. It offers information about the court system, local court rules, court forms, and access to online court services. The website provides resources to help individuals navigate the court process in Michigan.

Link: Michigan Courts

Contact: Contact information for the Michigan Courts can be found on their Contact Us page.

Michigan Legislature (legislature.mi.gov):

Description: The Michigan Legislature website provides access to current and historical information on state laws. It includes the Michigan Compiled Laws (MCL), statutes, acts, and pending legislation, allowing individuals to access and research Michigan's legal statutes.

Link: Michigan Legislature

Contact: Contact information for the Michigan Legislature can be found on their Contact Information page.

Michigan Department of Attorney General (michigan.gov/ag):

Description: The Michigan Department of Attorney General's website offers legal resources, consumer protection information, and resources for reporting scams and frauds. It provides guidance on various legal matters and protects the interests of Michigan residents.

Link: Michigan Department of Attorney General

Contact: The Michigan Department of Attorney General provides a Contact page with contact information for different divisions within the department.