What is the Michigan Negligence Law?
Most accidents all over the world happen due to recklessness or negligence. You may slip and fall because your neighbor failed to shovel the ice; you may be badly hurt when a false ceiling at a shopping mall falls on you; you bay hurt your back when you slip on a wet floor in a supermarket. These incidents happen because another person failed to do his or her duties. That’s when negligence laws come handy.
Negligence Law Definition
According to the negligence law definition, negligence is determined by a person so called the defendant’s failure to comply with the statutory requirements that have caused harm to another person, the victim also called the plaintiff. Negligence laws by state accept the negligence law definition and the four elements of negligence as under.
- Legal duty: Negligence is established when the defendant owes the plaintiff a legal duty to use reasonable care.
- Breach of duty: When the defendant’s act or omission to act that causes harm and is a deviation from reasonable care.
- Causes: The negligent act causes damage to the plaintiff
- Damage: The monetary compensation for the damage suffered by the plaintiff
The negligence laws by state differ from one state to another through the negligence law definition is accepted in all states in the U.S.
Negligence Law Michigan
The negligence laws by state define four types of negligence namely
- Contributory negligence
- Comparative negligence
- Vicarious liability
- Gross negligence
The negligence law Michigan follows the comparative negligence laws like all fifty states of the U.S and the District of Columbia. As per the comparative negligence law Michigan, if the injured party or so-called the plaintiff is found to be partly responsible for his or her injuries, the compensation for the damage is adjusted based on the role he/she played, meaning on the percentage of fault. According to Michigan negligence law, if the plaintiff is 20 percent at fault for the injuries, the compensation is reduced by 20 percent. For the negligence lawsuit to be successful, the plaintiff must prove the four elements of the negligence laws.
Under the Michigan negligence law, if you were greater than 50 percent responsible, you can’t seek non-economic compensation. But you can seek economic compensation from the defendant in proportion to his/her percentage of responsibility in the accident. Though different states follow different negligence laws, as per the Michigan negligence law, the punishment for negligence in Michigan is severe.
Punishment for Negligence in Michigan
Gross negligence refers to a lack of diligence or care. It is a conscious or voluntary act or omission to act that results in damage or injury or death to another. Under the negligence law Michigan, gross negligence is the standard of the blame for two crimes, involuntary manslaughter, and felonious-driving. The punishment for negligence in Michigan for breaking the negligence laws by state is
- For involuntary manslaughter: The defendant who commits the crime of unintentional and involuntary manslaughter charged with a felony. He or she bears a fine of not more than $7,500 or is punishable by imprisonment in the state prison for up to 15 years.
- For felonious-driving: Any person who drives recklessly or carelessly causing damage, an injury so as to cripple any person, or death is guilty of the offense of felonious driving. He or she is sentenced to pay a fine up to 2,000 dollars or is punishable by imprisonment in the state prison for up to 2 years.
The Michigan negligence law is made to be fair and just to both parties that are involved in the lawsuit. The punishment for negligence in Michigan for involuntary manslaughter as well as felonious-driving is in the discretion of the court and the guilty may be charged either or both, imprisonment and fine.