Torts
Scope
Torts tests negligence (duty, breach, actual and proximate cause, damages), intentional torts, and strict liability, heavily qualified by Michigan statutes. The statutory overlay is what the Michigan bar rewards and what generic outlines omit.
Michigan overlay
- Comparative fault: MCL 600.2959 reduces the plaintiff's economic damages by the plaintiff's percentage of fault and bars noneconomic damages entirely when the plaintiff's fault exceeds the aggregate fault of everyone else.
- Auto no-fault: MCL 500.3135 allows tort recovery only for death, serious impairment of body function, or permanent serious disfigurement; other economic losses run through PIP benefits.
- Governmental immunity: MCL 691.1407 bars claims against the state and its agencies, subject to narrow exceptions such as defective highways and negligent operation of a government-owned motor vehicle.
- Premises liability: the open and obvious doctrine bars recovery unless special aspects exist - unavoidable danger or an unreasonably high risk of severe harm.
- Joint liability is largely abolished; MCL 600.2956 allocates several shares of fault.
Worked example
A driver 60% at fault sues a driver 40% at fault for $100,000 in medical bills and $200,000 in noneconomic damages for an injury that does meet the serious-impairment threshold. Recovery is $40,000 economic and nothing for noneconomic harm: fault exceeding the aggregate of other fault bars noneconomic damages under MCL 600.2959, while economic damages are merely reduced.
Traps
Applying pure comparative fault; suing in tort for losses the no-fault act routes to PIP; treating open and obvious as absolute immunity; and comparing the plaintiff's fault to each defendant separately rather than to the aggregate.