Chapter 42: Allocation of Fault (Personal Injury Action)

M Civ JI 42.01 Allocation of Fault of Parties

If you find that multiple parties are at fault, then you must allocate the total fault among those parties.

In determining the percentage of fault of each party, you must consider the nature of the conduct of each party and the extent to which each party’s conduct caused or contributed to the plaintiff’s injury. The total must add up to 100 percent.

Note on Use

This instruction should be used only for personal injury actions filed on or after October 1, 1986, relating to causes of action arising on or after October 1, 1986. See 1986 PA 178, §§2 and 3. “‘Personal injury’ means bodily harm, sickness, disease, death, or emotional harm resulting from bodily harm.” MCL 600.6301.

This instruction may also be used for actions filed on or after March 28, 1996, that are based on tort or other legal theory and seek damages for property damage only. MCL 600.6304, as amended by 1995 PA 161 and 249. See §3 of each act for the effective date.

However, this instruction should not be used in any action filed on or after March 28, 1996, that involves fault of an identified nonparty. Instead, M Civ JI 42.05 Allocation of Fault of Parties and Identified Nonparties should be used.

If the defendants caused factually separable injuries, M Civ JI 41.02 Damages Where There Is No Allocation of Fault Between Defendants should be used.

In cases of vicarious liability, this instruction may need to be modified or omitted. Fault may not be allocated between two parties, one of whom is vicariously liable for the fault of the other.

Comment

MCL 600.6304. The requirement that the jury allocate fault may be waived by agreement of all the parties. MCL 600.6304(1).

History

M Civ JI 42.01 was added February 1987. Amended August 2014.