MI Bar Torts and Negligence 2

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?

Accepted Answer

Noneconomic damages are barred entirely

Answer

Noneconomic damages are reduced by the plaintiff's percentage of fault

Answer

Noneconomic damages are capped at $500,000

Answer

Noneconomic damages are unaffected

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?

Accepted Answer

Death, serious impairment of body function, or permanent serious disfigurement

Answer

Any injury requiring medical treatment

Answer

Medical expenses exceeding $10,000

Answer

Any injury causing lost wages

Question 3

A landowner in Michigan owes what duty to a licensee, such as a social guest?

Accepted Answer

To warn of hidden dangers the owner knows about

Answer

To inspect the premises for unknown dangers

Answer

To make the premises absolutely safe

Answer

No duty whatsoever

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?

Accepted Answer

As a factor in comparative fault and breach, not as a bar to duty

Answer

As a complete bar to the landowner's duty

Answer

As relevant only to trespassers

Answer

As creating strict liability

Question 5

What is the general statute of limitations for ordinary negligence claims in Michigan?

Accepted Answer

Three years from the date of injury

Answer

One year from the date of injury

Answer

Two years from the date of injury

Answer

Six years from the date of injury

Question 6

In a Michigan medical malpractice action, what must a plaintiff serve on the defendant before filing suit?

Accepted Answer

A notice of intent to sue at least 182 days before filing

Answer

A demand for arbitration

Answer

A certified copy of medical records

Answer

A settlement offer of judgment

Question 7

Under Michigan law, a dog owner is liable for a dog bite to a person lawfully on the property under what standard?

Accepted Answer

Strict liability regardless of the dog's prior viciousness, absent provocation

Answer

Liability only if the owner knew the dog was dangerous

Answer

Liability only for negligent supervision

Answer

No liability unless the dog had bitten before