Contributory Negligence in Michigan
State-specific overview · Tort Law
Michigan uses modified comparative negligence; you cannot recover if you're 50% or more at fault.
How Michigan treats Contributory Negligence
Michigan follows the 50% bar rule under MCL 600.2959, meaning a plaintiff loses the right to recover if their negligence is equal to or greater than the defendant's negligence. If you are 49% at fault and the defendant is 51% at fault, you can recover 51% of your damages. If you are 50% or more at fault, you receive nothing, making this a stricter standard than pure comparative negligence.
The general definition of Contributory Negligence
A plaintiff's own carelessness that partially caused their injury, reducing their recovery.
When someone gets hurt, the court looks at whether the injured person also acted carelessly and contributed to their own harm. If they did, their financial award gets reduced by the percentage they're responsible for. For example, if you're hit by a car while jaywalking, you might be found 20% at fault, so your damages would be cut by that amount. This rule exists because the law thinks people should take reasonable care for their own safety too.
Read the full Contributory Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Michigan.