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

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?

Accepted Answer

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

Answer

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?

Accepted Answer

To warn of hidden dangers the owner knows about

Answer

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?

Accepted Answer

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

Answer

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?

Accepted Answer

Three years from the date of injury

Answer

MCL 600.5805 provides a three-year limitations period for most negligence actions causing injury to persons or property.

(MI Bar) Michigan Bar Exam Practice Test

(MI Bar) Michigan Bar Exam Practice Test

MI Bar Torts and Negligence 2