MI Bar Torts and Negligence 2 — Questions and Answers
Question 1: Under Michigan's modified comparative fault rule, what happens to a plaintiff's noneconomic damages if the plaintiff is found more than 50% at fault?
- Noneconomic damages are barred entirely (Correct answer)
- Noneconomic damages are reduced by the plaintiff's percentage of fault
- Noneconomic damages are capped at $500,000
- Noneconomic damages are unaffected
Correct answer: Noneconomic damages are barred entirely
Under MCL 600.2959, a plaintiff more than 50% at fault cannot recover noneconomic damages, though economic damages are merely reduced by the fault percentage.
Question 2: Under Michigan's no-fault automobile act, a person injured in a car accident may sue a negligent driver for noneconomic damages only if the injury meets which threshold?
- Death, serious impairment of body function, or permanent serious disfigurement (Correct answer)
- Any injury requiring medical treatment
- Medical expenses exceeding $10,000
- Any injury causing lost wages
Correct answer: Death, serious impairment of body function, or permanent serious disfigurement
MCL 500.3135 limits tort liability for noneconomic loss to cases of death, serious impairment of body function, or permanent serious disfigurement.
Question 3: A landowner in Michigan owes what duty to a licensee, such as a social guest?
- To warn of hidden dangers the owner knows about (Correct answer)
- To inspect the premises for unknown dangers
- To make the premises absolutely safe
- No duty whatsoever
Correct answer: To warn of hidden dangers the owner knows about
In Michigan, a landowner must warn licensees of known hidden dangers but has no duty to inspect or repair for their benefit.
Question 4: Under Michigan's open and obvious danger doctrine as revised by Kandil-Elsayed v F & E Oil (2023), how is the open and obvious nature of a hazard now treated in premises liability cases?
- As a factor in comparative fault and breach, not as a bar to duty (Correct answer)
- As a complete bar to the landowner's duty
- As relevant only to trespassers
- As creating strict liability
Correct answer: As a factor in comparative fault and breach, not as a bar to duty
In 2023 the Michigan Supreme Court held that the open and obvious nature of a condition is relevant to breach and comparative fault rather than eliminating the landowner's duty.
Question 5: What is the general statute of limitations for ordinary negligence claims in Michigan?
- Three years from the date of injury (Correct answer)
- One year from the date of injury
- Two years from the date of injury
- Six years from the date of injury
Correct answer: Three years from the date of injury
MCL 600.5805 provides a three-year limitations period for most negligence actions causing injury to persons or property.
Question 6: In a Michigan medical malpractice action, what must a plaintiff serve on the defendant before filing suit?
- A notice of intent to sue at least 182 days before filing (Correct answer)
- A demand for arbitration
- A certified copy of medical records
- A settlement offer of judgment
Correct answer: A notice of intent to sue at least 182 days before filing
MCL 600.2912b requires a plaintiff to serve a notice of intent at least 182 days before commencing a medical malpractice action.
Question 7: Under Michigan law, a dog owner is liable for a dog bite to a person lawfully on the property under what standard?
- Strict liability regardless of the dog's prior viciousness, absent provocation (Correct answer)
- Liability only if the owner knew the dog was dangerous
- Liability only for negligent supervision
- No liability unless the dog had bitten before
Correct answer: Strict liability regardless of the dog's prior viciousness, absent provocation
Michigan's dog-bite statute, MCL 287.351, imposes strict liability on owners when the victim did not provoke the dog and was lawfully present.
MI Bar Torts and Negligence 2
Under Michigan's modified comparative fault rule, what happens to a plaintiff's noneconomic damages if the plaintiff is found more than 50% at fault?