MICHIGAN

Negligence / Personal Injury
3 Years Sec. 5805. (1) A person shall not bring or maintain an action to recover damages for injuries to persons or property unless, after the claim first accrued to the plaintiff or to someone through whom the plaintiff claims, the action is commenced within the periods of time prescribed by this section.
(10) Except as otherwise provided in this section, the period of limitations is 3 years after the time of the death or injury for all actions to recover damages for the death of a person, or for injury to a person or property. Mich. Comp. Laws Ann. § 600.5805
Toxic Tort
3 Years Sec. 5805. (1) A person shall not bring or maintain an action to recover damages for injuries to persons or property unless, after the claim first accrued to the plaintiff or to someone through whom the plaintiff claims, the action is commenced within the periods of time prescribed by this section.
(10) Except as otherwise provided in this section, the period of limitations is 3 years after the time of the death or injury for all actions to recover damages for the death of a person, or for injury to a person or property. Mich. Comp. Laws Ann. § 600.5805

We also note that there would be no statute of limitations problems for such a plaintiff. Under the so-called “discovery rule,” a cause of action “accrues” in the toxic tort context when an injured party knows or should have known of the manifestation of the injury. See, e.g. Larson, supra at 314, 399 N.W.2d 1. Provided that the injured person brings an action within three years of the date he knows or should have known of a dioxin-related injury, the statute of limitations would be satisfied. See MCL 600.5805(10). Henry v. Dow Chem. Co., 473 Mich. 63, 99, 701 N.W.2d 684, 702 (2005)
Wrongful Death
3 Years Sec. 5805. (1) A person shall not bring or maintain an action to recover damages for injuries to persons or property unless, after the claim first accrued to the plaintiff or to someone through whom the plaintiff claims, the action is commenced within the periods of time prescribed by this section.
(10) Except as otherwise provided in this section, the period of limitations is 3 years after the time of the death or injury for all actions to recover damages for the death of a person, or for injury to a person or property. Mich. Comp. Laws Ann. § 600.5805
Medical Malpractice
2 Years Sec. 5805. (1) A person shall not bring or maintain an action to recover damages for injuries to persons or property unless, after the claim first accrued to the plaintiff or to someone through whom the plaintiff claims, the action is commenced within the periods of time prescribed by this section.
(6) Except as otherwise provided in this chapter, the period of limitations is 2 years for an action charging malpractice. Mich. Comp. Laws Ann. § 600.5805

(2) Except as otherwise provided in this subsection, an action involving a claim based on medical malpractice may be commenced at any time within the applicable period prescribed in section 58051 or sections 5851 to 5856,2 or within 6 months after the plaintiff discovers or should have discovered the existence of the claim, whichever is later. However, except as otherwise provided in section 5851(7) or (8), the claim shall not be commenced later than 6 years after the date of the act or omission that is the basis for the claim. Mich. Comp. Laws Ann. § 600.5838a
Products Liability
3 Years

Sec. 5805. (1) A person shall not bring or maintain an action to recover damages for injuries to persons or property unless, after the claim first accrued to the plaintiff or to someone through whom the plaintiff claims, the action is commenced within the periods of time prescribed by this section.
(10) Except as otherwise provided in this section, the period of limitations is 3 years after the time of the death or injury for all actions to recover damages for the death of a person, or for injury to a person or property. Mich. Comp. Laws Ann. § 600.5805

Discovery:

According to MCL 600.5827, the applicable period of limitations runs from the time the claim accrues, unless otherwise expressly provided. The Michigan Supreme Court has interpreted MCL 600.5827 as meaning that a claim accrues when the wrong was done and further explained that “the wrong is done when the plaintiff is harmed rather than when the defendant acted.” Trentadue v. Buckler Automatic Lawn Sprinkler Co, 479 Mich. 378, 388; 738 NW2d 664 (2007); Boyle v. Gen Motors Corp, 468 Mich. 226, 231 n. 5; 661 NW2d 557 (2003). When all of the elements of a cause of action for personal injury have occurred, including damages, the claim accrues and the statute of limitations begins to run. Stephens v. Dixon, 449 Mich. 531, 538; 536 NW2d 755 (1995) (citation omitted). Even if later damages result, “they give rise to no new cause of action, nor does the statute of limitations begin to run anew as each item of damage is incurred.” Stephens, 449 Mich. at 538 (quotation omitted). Falk v. All Acquisition Corp., 296012, 2011 WL 566851 (Mich. Ct. App. Feb. 17, 2011)
 

 

Intentional Torts
2 Years except for libel or slander which are 1 year
Fraud
2 Years If a person who is or may be liable for any claim fraudulently conceals the existence of the claim or the identity of any person who is liable for the claim from the knowledge of the person entitled to sue on the claim, the action may be commenced at any time within 2 years after the person who is entitled to bring the action discovers, or should have discovered, the existence of the claim or the identity of the person who is liable for the claim, although the action would otherwise be barred by the period of limitations. Mich. Comp. Laws Ann. § 600.5855
Municipal Liability/Sovereign Immunity
Only waived by express statutory consent. State may be sued in accidents involving motor vehicles, aircraft, defective highways, maintenance of public buildings, and in some medical malpractice situations.
Discovery Rule
SOL runs from when injury is, or should have been, discovered. However, see special rules for medical malpractice, products liability, or cases against licensed architects, professional engineers, surveyors, or contractors.
Comparative Negligence
Adopted
Charitable Immunity
Abolished
Disabilities
Persons under 18, incompetents, or insane persons have 1 year after disability removed if normal statute has already run.
Damages
Common law generally governs compensatory damages. Exemplary damages in excess of pecuniary loss are allowed, as compensation to plaintiff, where plaintiff is victim of tortuous conduct on part of defendant.
Punitive Damages
Permitted without limitation.
No-Fault Insurance
Applies
Other Relevant Information
Improvement to Real Property Against licensed architect, professional engineer, surveyor, or contractor. Six years from first occupancy, use, or acceptance of the improvement or one year from discovery or date defect should have been discovered. For surveyor, the SOL runs from date of delivery of survey.
Consumer Fraud Complaint

Michigan Office of the Attorney General, Consumer Protection Division
http://www.michigan.gov/ag/0,1607,7-164-17334_17362-156581--,00.html

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