Michigan

Negligence Doctrine: Modified Comparative Negligence – 51 Percent Bar
Circuit # 6

>Photo of Michigan

Med Pay Subrogation - Yes
PIP Subrogation - No

Statute of Limitations

  • Statute of Repose: Products N/A
  • Statute of Repose: Real Property 10 years
  • Breach of Contract (Written) 6 years
  • Personal Property 3 years
  • Personal Injury 3 years
    • Medical Malpractice 6 months or 2 years
  • Warranty 4 years

Able to Pursue Owner

Sue Owner for Negligence – YES
Suspend Owner’s License – YES

Deductible Reimbursement

Undecided/ Pro Rata Default
No applicable statute, Administrative Code provision or case law exists

Garnishment

YES
(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)

Federal statute limits withhold up to 25% of disposable earnings per week, unless the debtor’s earnings are at or near the minimum wage, in which case, no withholding is allowed; Time limit: Garnishment writ expires 91 days after issuance. A new writ must then be issued and served; Stay of Wage Garnishment: Courts may grant the debtor an “installment payment order,” which bars wage garnishment, provided that the debtor pays as required by the order. By statute, such an order does not prevent garnishment of bank accounts or income tax refunds. Some courts nevertheless do not allow any garnishment while an installment payment order is in effect

Parental Responsibility

Unemancipated Minor (Under 18)
Dollar Limit on Parents’ Liability: $2,500
Liability imposed when child willfully or maliciously causes injury to person or damage to property

Subrogation by Landlord's Carrier against Tenant

No unless expressly allowed in commercial lease

State Specific Information: Subrogation laws and trends are constantly changing. Maybank & Owings, LLC strives to keep the state specific information up to date with reference to applicable case law, statutory law and/or interpretations provided to it by its network of local attorneys for each jurisdiction. However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in the jurisdiction where the claim arose. The state specific information contained on this site should not be construed as legal advice by Maybank & Owings, LLC nor relied on for any specific claim or factual situation. If you have a specific subrogation question or if you notice an error in the information provided on this site, please contact us.