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MICHIGAN

Negligence / Personal Injury

3 Years with Discovery Rule

Wrongful Death

3 years with Occurrence Rule.

Medical Malpractice

2 years, or 6 months from discovery.  SOR: 6 years, except if fraud by defendant, or foreign object. In the case of a minor under eight years of age, the statute begins to run on the minor’s 10th birthday or within the two-year statute of limitations, whichever time period is greater. Where a minor under 13 suffers an injury to the reproductive system, the statute begins to run on the minor’s 15th birthday or within the general two-year medical malpractice statute of limitations, whichever time period is greater. Malpractice claims require 182 days prior written notice of claim during which time SOL is tolled.  If plaintiff is 13 or under, claim must be filed on or before 15th birthday.

Malpractice (Other Professions)

2 years

Products Liability

3 years with occurrence rule but if product in use for 10 years or more, plaintiff not given benefit of strict product liability.

Intentional Torts

2 years (except 1 year for libel and slander)

Fraud

If a person who is liable, or may be liable, fraudulently conceals the existence of a claim or identity of any person who is liable, an action may be commenced within 2 years after plaintiff discovers, or should have discovered, the existence of the claim or the identity of the person liable, though the action would otherwise be barred by the SOL.

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. SOL does not run during absence or concealment of defendant.

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.

Other Relevant Information

Special Situations:

Generally, no liability for injuries caused by condition of food donated to a charity, or for restaurant’s efforts to dislodge food stuck in patron’s throat unless grossly negligent.

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/0,1607,7-164-17337_18159---,00.html
(517) 373-1140
(877)765-8388 (Toll-free)
(517)241-3771 (Fax)