Negligence in Michigan
State-specific overview · Tort Law
Michigan applies pure comparative negligence, allowing recovery even if plaintiff is 99% at fault, but damages reduce by plaintiff's percentage of fault.
How Michigan treats Negligence
Michigan's comparative negligence statute permits plaintiffs to recover damages reduced proportionally by their own degree of fault. A plaintiff who is 80% responsible for an accident can still recover 20% of damages from the defendant. The state recognizes negligence as failure to exercise reasonable care, with juries determining whether conduct met the standard of a reasonably careful person.
The general definition of Negligence
Failure to exercise reasonable care that results in harm to another person.
Negligence is a legal concept in civil law (not criminal) that holds people responsible for careless behavior. To prove negligence, you must show four things: the defendant had a duty to be careful, they breached that duty, their breach caused your injury, and you suffered actual damages. Negligence doesn't require intent to harm—it's about failing to act as a reasonably careful person would in similar circumstances. Victims of negligence can sue for compensation to cover medical bills, lost wages, and pain and suffering.
Read the full 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.