Negligence in Michigan
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Duty
The defendant owed the plaintiff a legal duty of reasonable care in the circumstances.
2
Breach
The defendant failed to meet that standard, they did something a reasonably careful person would not, or failed to do something they would.
3
Causation
The breach was a factual and legal (proximate) cause of the harm. Foreseeability matters.
4
Damages
The plaintiff suffered actual harm, medical bills, lost wages, pain, property loss.
Burden of proof
Preponderance of the evidence, more likely than not.
A Michigan fact pattern
Negligence in michigan.
Statute of limitations
3 years
MCL 600.5805(2)
Three years after the death or injury for ordinary bodily-injury damages.
- Auto PIP benefits are a different clock: one year from the loss under MCL 500.3145, with a one-year-back rule on overdue benefits.
- A governmental agency often needs written notice within 120 days (MCL 691.1404). That notice is not the three-year lawsuit.