Legal Question in Personal Injury in Michigan
definition of negligence in Michigan
I'm looking for the Michigan Compiled Law number/chapter that refers to the definition of negligence in Michigan. I'm looking for a general definition--one that defines duty, breach, causation and damages. All the MCLs I've looked at have to do with specific negligence claims, and those don't help me.
1 Answer from Attorneys
Re: definition of negligence in Michigan
Negligence isn't defined by statute. You may find a definition of negligence, broad and narrow from common law, or you can refer to the SJI, which are standard jury instructions. Here's the SJI's definition of negligence:
SJI2d 10.02
Negligence is the failure to use ordinary care. Ordinary care means the care a reasonably careful person would use. Therefore, by "negligence," I mean the failure to do something that a reasonably careful person would do, or the doing of something that a reasonably careful person would not do, under the circumstances that you find existed in this case. The law does not say what a reasonably careful person using ordinary care would or would not do under such circumstances. That is for you to decide.