## US-MI comparative fault rule

The controlling primary authority for US-MI damages allocation authority (MCL 600.6304) is **600.6304**.

> **600.6304.** 600.6304 - Michigan Legislature Skip to content Michigan Legislature Michigan Compiled Laws Complete Through PA 9 of 2026 MCL Complete Through PA 9 of 2026 Senate adjourned until Tuesday, May 19, 2026 10:00 AM Senate adjourned until 05/19/26 10:00 AM House adjourned until Tuesday, May 19, 2026 1:30 PM House adjourned until 05/19/26 1:30 PM Home Legislature Legislative Document Search Bills Resolutions Joint Resolutions Concurrent Resolutions Calendars Committees Committee Bill Records Committee Meetings Initiatives

## Source-backed allocation summary

US-MI damages allocation controlling authority under MCL 600.6304.

This source-backed page does not certify limitation periods, damages caps, case-law exceptions, or calculator formula assumptions beyond the quoted statutory allocation rule.

## Use the calculator

DocketMath's damages-allocation tool can model allocation scenarios once you identify the controlling jurisdiction, claim posture, and negligence shares. Use the source panel for the verified primary-source rule.

[Open the Damages Allocation calculator](/tools/damages-allocation)

## Sources

- [600.6304 — MCL 600.6304](https://www.legislature.mi.gov/Laws/MCL?objectName=MCL-600-6304)

All sources are official primary law published by `www.legislature.mi.gov`.

**Corroboration method:** government_primary_source_direct_fetch.


How to run Damages Allocation in DocketMath for Michigan using DocketMath and jurisdiction-aware rules.

How to run Damages Allocation in DocketMath for Michigan

(4) Liability in an action to which this section applies is several only and not joint. Except as otherwise provided in subsection (6), a person shall not be required to pay damages in an amount greater than his or her percentage of fault as found under subsection (1). This subsection and section 2956 do not apply to a defendant that is jointly and severally liable under section 6312.

In an action based on tort or another legal theory seeking damages for personal injury, property damage, or wrongful death, the court shall reduce the damages by the percentage of comparative fault of the person upon whose injury or death the damages are based as provided in section 6306 or 6306a, as applicable. If that person's percentage of fault is greater than the aggregate fault of the other person or persons, whether or not parties to the action, the court shall reduce economic damages by the percentage of comparative fault of the person upon whose injury or death the damages are based as provided in section 6306 or 6306a, as applicable, and noneconomic damages shall not be awarded.

Liability in an action to which this section applies is several only and not joint. Except as otherwise provided in subsection (6), a person shall not be required to pay damages in an amount greater than his or her percentage of fault as found under subsection (1). This subsection and section 2956 do not apply to a defendant that is jointly and severally liable under section 6312.

In an action based on tort or another legal theory seeking damages for personal injury, property damage, or wrongful death, the liability of each person shall be allocated under this section by the trier of fact and, subject to section 6304, in direct proportion to the person's percentage of fault. In assessing percentages of fault under this subsection, the trier of fact shall consider the fault of each person, regardless of whether the person is, or could have been, named as a party to the action.

(6) If an action includes a medical malpractice claim against a person or entity described in section 5838a(1), 1 of the following applies: (a) If the plaintiff is determined to be without fault under subsections (1) and (2), the liability of each defendant is joint and several, whether or not the defendant is a person or entity described in section 5838a(1). (b) If the plaintiff is determined to have fault under subsections (1) and (2), upon motion made not later than 6 months after a final judgment is entered, the court shall determine whether all or part of a party's share of the obligation is uncollectible from that party, and shall reallocate any uncollectible amount among the other parties, whether or not another party is a person or entity described in section 5838a(1), according to their respective percentages of fault as determined under subsection (1).

(1) In an action based on tort or another legal theory seeking damages for personal injury, property damage, or wrongful death involving fault of more than 1 person, including third-party defendants and nonparties, the court, unless otherwise agreed by all parties to the action, shall instruct the jury to answer special interrogatories or, if there is no jury, shall make findings indicating both of the following: (a) The total amount of each plaintiff's damages. (b) The percentage of the total fault of all persons that contributed to the death or injury, including each plaintiff and each person released from liability under section 2925d.

Under MCL 600.6304 the jury determines each percentage of fault and damages are allocated in proportion to fault; liability is generally several.