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Michigan

Negligence Doctrine: Modified Comparative Negligence – 51 Percent Bar

Circuit # 6

Med Pay Subrogation - No

PIP Subrogation - Yes


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

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