by What “Negligence” Really Means in a Michigan Personal Injury Case
By Steinberg Goodman Law PLLC | Personal Injury Lawyers Serving Oakland, Wayne, Macomb, and WashtenawCounties
Negligence is a key concept in nearly every personal injury case in Michigan — whether it involves a car accident, motorcycle crash, slip and fall, or animal attack.
In simple terms, negligence means someone didn’t act as carefully as a reasonable person would have, and as a result, someone else was hurt. Michigan law holds people and businesses responsible when their carelessness causes harm.
The Four Elements of Negligence in Michigan
To win a personal injury claim in Michigan, you must prove four essential elements:
- Duty – The other person or business had a legal responsibility to act carefully. For example, drivers must follow traffic laws, and property owners must keep their premises safe.
- Breach – They failed to meet that duty by acting carelessly or by not taking reasonable precautions.
- Causation – Their actions (or failure to act) directly caused your injury.
- Damages – You suffered real harm, such as medical bills, pain and suffering, lost wages, or permanent disability.
You must prove these elements by a preponderance of the evidence, meaning it’s more likely than not that the other party’s negligence caused your injury.
Michigan’s Modified Comparative Fault Rule
Michigan follows a modified comparative fault system.
Here’s what that means:
- If you’re partly at fault, your recovery is reduced by your percentage of fault.
- If you’re more than 50% at fault, you cannot recover non-economic damages (like pain and suffering) and may be barred from recovering entirely.
So even if you share some blame, you can still recover compensation — but your percentage of fault will reduce the amount you receive.
How Negligence Applies in Common Michigan Injury Cases
1. Motor Vehicle Accidents
Drivers in Michigan must obey traffic laws and drive reasonably under the circumstances.
Negligence can include:
- Speeding or distracted driving
- Running red lights or stop signs
- Driving under the influence
- Failing to yield or maintain safe distance
Michigan’s No-Fault insurance system covers many initial losses (medical bills and wage loss) through your own insurer. But in serious cases, you can file a third-party negligence claim against the at-fault driver for pain and suffering damages. Comparative fault will affect how much you can recover.
2. Motorcycle Accidents
Motorcycle crashes often result in catastrophic injuries. Negligence may involve:
- Drivers failing to see or yield to motorcycles
- Unsafe lane changes or following too closely
- Poor road maintenance or debris
Even when a rider takes every precaution, other motorists’ negligence can cause devastating results. Evidence such as skid marks, helmet use, and vehicle damage often plays a key role in determining fault.
3. Premises Liability (Slip & Fall and Unsafe Property Conditions)
Property owners and managers in Michigan must maintain safe conditions for visitors. Negligence can occur when an owner:
- Fails to fix or warn about known hazards
- Ignores icy walkways, broken stairs, or wet floors
- Doesn’t provide proper lighting or handrails
In these cases, the property owner may argue that the danger was “open and obvious,” or that you were partly responsible for not noticing it. Michigan’s comparative fault rules then determine how much compensation you can receive.
4. Animal Attacks and Dog Bites
Michigan law holds pet owners responsible for controlling their animals. Negligence may occur when an owner:
- Lets a dog roam without a leash
- Fails to warn visitors about a dangerous animal
- Ignores signs of aggression
Dog bite victims may recover damages for medical care, scarring, and emotional trauma. However, if the victim provoked the animal or ignored warnings, comparative fault may reduce the recovery.
Protecting Your Rights After an Accident
If you’ve been injured because someone else was negligent, take these steps right away:
- Document the scene — take photos, get witness information, and keep all records.
- Seek prompt medical attention — and follow your doctor’s orders.
- Avoid making statements to insurance companies without legal advice.
- Contact an experienced Michigan personal injury attorney to protect your rights and maximize your recovery.
Why Choose Steinberg Goodman Law PLLC
At Steinberg Goodman Law PLLC, we have decades of experience handling complex personal injury cases across Michigan — from auto and motorcycle accidents to premises liability and animal attacks.
We understand the laws, the insurance system, and how negligence and fault affect your claim.
We fight for every dollar you deserve — and we don’t get paid unless you do.
Call (248) 538-1494 or visit steinberg-goodmanlaw.com to schedule your free consultation today.
We Tip the Scales and Fight for Every Dollar You Deserve.