MI PT Juris key terms

The exclusive Michigan tribunal for most money claims against the state, hearing cases without a jury. Claims generally must be filed there before suit elsewhere, and recovery is limited by statute.

Michigan's rule that government agencies are immune from tort liability when engaged in a governmental function. Exceptions exist, chiefly for negligent operation of motor vehicles and defects in public buildings.

An activity that is expressly or impliedly mandated or authorized by constitution, statute, or other law. Immunity attaches when a public agency acts in this capacity rather than in a proprietary role.

An activity conducted by a governmental unit primarily for profit or that is not mandated by law. Immunity does not apply, but a profit-making activity must be conducted for profit to fall outside immunity.

A statutory carve-out allowing suit against a government agency for injury caused by negligent operation of a government-owned motor vehicle by an authorized employee acting within scope of employment. Gross negligence is not required.

A written notice some public entities require within a set period after injury, identifying the time, place, and nature of the claim. Failure to comply can bar suit even where immunity would otherwise not apply.

Conduct so reckless as to demonstrate substantial lack of concern for whether injury results. It is a higher standard than ordinary negligence and is used in several immunity and emergency-response statutes.

Michigan's system reducing a plaintiff's recovery by the plaintiff's percentage of fault. A plaintiff more than 50 percent at fault recovers nothing; at exactly 50 percent, recovery is allowed but reduced.

The default rule in Michigan under which each defendant pays only its own percentage share of damages, rather than the whole. It replaced joint liability for most tort claims.

A rule letting a plaintiff collect the entire judgment from any one liable defendant, who then seeks contribution from others. In Michigan it survives in limited situations, such as certain intentional or concerted acts.

A liable party's claim against another liable party for that party's share of a common obligation. In Michigan it is generally unavailable among joint tortfeasors except in narrow statutory or contractual settings.

A complete shifting of loss from one party to another, often based on contract or a special relationship such as principal and agent. It differs from contribution, which allocates partial shares.

The principle that payments from a source independent of the tortfeasor, such as health insurance, generally do not reduce the tortfeasor's liability. Michigan has statutory modifications for certain medical malpractice recoveries.

Compensation for intangible harm such as pain, suffering, emotional distress, and loss of enjoyment of life. These awards are subject to statutory caps in medical malpractice cases.

Out-of-pocket and financial losses, including medical expenses, lost wages, lost earning capacity, and replacement services. They are not capped in Michigan medical malpractice cases.

A legislatively fixed ceiling on certain damages, most notably noneconomic damages in medical malpractice actions. The cap adjusts periodically and differs for ordinary versus certain catastrophic injuries.

Conduct falling below the standard of care a reasonably prudent person would exercise under like circumstances, causing harm. It requires duty, breach, causation, and damages.

The degree of caution and skill a reasonably careful person would use in similar circumstances. Professionals are held to the skill of an ordinary member of their profession in good standing.

A cause that is a substantial factor in producing the injury and that is legally connected to the harm, without an unforeseeable superseding cause breaking the chain. It limits liability to foreseeable results.

The but-for or substantial-factor connection between conduct and injury, determined without regard to foreseeability. A defendant is not liable unless the conduct actually contributed to the harm.

An intervening act that breaks the causal chain and relieves the original actor of liability, typically because the intervening conduct was not foreseeable. Foreseeable intervening negligence generally does not break the chain.

A doctrine permitting an inference of negligence when the injury would not ordinarily occur absent negligence, the instrumentality was under the defendant's exclusive control, and the plaintiff did not contribute. It substitutes for direct proof of breach.

The body of law governing a landowner's duty to persons injured on the property. In Michigan the duty turns on the injured person's status and the condition of the premises.

A person who enters land without permission or privilege. A landowner owes only a duty to refrain from willful and wanton misconduct or intentional harm, absent a discovered-trespasser situation.

A person who enters land with permission for the entrant's own purposes, such as a social guest. The landowner must warn of known dangerous conditions the licensee is unlikely to discover.

A person invited onto the land for a purpose connected to the possessor's business or who enters as a member of the public for a purpose for which the land is held open. The possessor must exercise reasonable care to inspect and warn.

A defense that a landowner owes no duty to warn of dangers that are known to or should be observed by a reasonable visitor. Exceptions apply where the condition is effectively unavoidable or creates a special aspect.

Michigan's statutory scheme requiring motor vehicle owners to carry personal injury protection coverage and generally barring tort suits for noneconomic loss unless a statutory threshold is met.

First-party coverage under the no-fault act paying allowable expenses for medical care, wage loss, and replacement services after a motor vehicle accident, subject to statutory limits and priority rules.

The statutory showing a claimant must make to sue for noneconomic damages arising from a motor vehicle accident, typically death, serious impairment of body function, or permanent serious disfigurement.

An objectively manifested impairment of an important body function that affects the person's general ability to lead a normal life. The impairment must be supported by medical evidence, not subjective complaints alone.

Statutory provisions determining which insurer pays personal injury protection benefits when coverage overlaps, such as the insurer of the owner, the driver, or a resident relative. Order of priority controls the claim.

A claim that a product was defective and unreasonably dangerous when sold, causing injury. Michigan recognizes defects in design, manufacture, and failure to warn, and requires proof of a causal defect at the time of sale.

A defect arising from a product's plan or specification rather than a flaw in a particular unit. The plaintiff must show a reasonable alternative design or that the risk outweighed the product's utility.

A balancing analysis weighing a product's risks against its social utility and the feasibility of safer alternatives. It is used to evaluate whether a design is unreasonably dangerous.

A defect theory alleging that a product lacked adequate instructions or warnings about risks the manufacturer knew or should have known. The warning must be adequate for the intended and reasonably foreseeable users.

A statutory warranty that goods are fit for the ordinary purposes for which they are used. It accompanies a sale by a merchant and can support a claim independent of negligence.

A professional negligence claim against a health care provider alleging care below the accepted professional standard, causing injury. Michigan imposes special procedural prerequisites before suit.

A written pre-suit notice a medical malpractice claimant must serve on each provider, stating the factual basis and the standard of care allegedly breached. It tolls the limitations period during a waiting period.

A sworn statement by a qualified health professional attesting that the defendant's conduct breached the applicable standard of care and caused the injury. It must accompany the complaint in a malpractice action.

Negligence by a person holding specialized skill, judged against the care ordinarily exercised by members of that profession. Expert testimony is usually required to establish the standard.

The rule protecting confidential communications between lawyer and client from compelled disclosure. It belongs to the client and survives the representation, with limited exceptions such as crime-fraud.

Protection for materials a lawyer prepares in anticipation of litigation, shielding them from discovery absent substantial need and undue hardship. It is broader than privilege and belongs to the lawyer.

A situation where a lawyer's duties to one client, or personal interests, materially limit representation of another. It requires informed consent or withdrawal where the conflict is nonconsentable.

A fee arrangement where compensation is a percentage of the recovery, paid only if the client recovers. Michigan requires a written agreement and imposes limits in certain contexts such as medical malpractice.

A court's power over a party, requiring minimum contacts with the forum and fair play such that suit is reasonable. Michigan's long-arm statute extends to the limits of due process.

A court's authority to hear a particular kind of case. It cannot be waived, and a judgment entered without it is void.

The proper geographic location for filing suit, generally the county where the injury occurred or where a defendant resides. It is distinct from jurisdiction and can be waived.

The statutory deadline for filing suit, which varies by claim type, such as three years for personal injury and two years for medical malpractice. Missing it generally bars the claim.

An absolute time limit measured from an event such as a product's sale or a building's completion, regardless of when the injury is discovered. It can bar claims even before the limitations period runs.

A statutory action allowing a personal representative to recover for losses suffered by surviving family members when death results from another's wrongful act, including medical malpractice and negligence.