Disclaimer: The following information is intended to be a basic summary of the statues of limitation applicable in the State of Michigan as of June 30, 1997. This article is for the limited benefit of attorneys who have the necessary knowledge and expertise to understand the technical requirements of such statutes and the necessity of conducting further research as to the current requirements and applicability of such statutes to any particular claim.

Borrowing Statute:

Claims brought in Michigan, by non-Michigan residents, for damages incurred outside this state are barred if the relevant statute of limitations of either Michigan or the state in which the cause of action accrued has run. Claims brought in Michigan, by Michigan residents, are barred only if the relevant Michigan statute of limitations has run. MCLA 600.5861.

Tolling:

Michigan has the standard tolling provisions for legal incapacity, death, absence from the state, war, fraudulent concealment of the claim, and the filing of a summons and complaint. MCLA 600.5851 , 600.5856.

Professional Negligence/Non-Medical:

For actions involving malpractice of non-medical, state-licensed professionals, i.e., attorneys, CPAs-2 years from the date the cause of action accrues, MCLA 600.5805(4), or 6 months after the claimant discovers or should have discovered the existence of the claim, whichever is later. MCLA 600.5838(2).

A cause of action accrues at the time the person, who is or holds himself or herself out to be a member of a state-licensed profession, discontinues serving the claimant in a professional or pseudo-professional capacity as to the matters out of which the claim for malpractice arose, regardless of the time the claimant discovers or otherwise has knowledge of the claim, MCLA 600.5838(1).

Medical Malpractice:

As one might expect, the statutes of limitations for medical malpractice has been regularly amended in recent years. The primary changes pertain to the 1986 and 1994 amendments. The rules are complex and should be carefully reviewed. For actions involving medical malpractice, (however characterized by the pleadings) by licensed health care professionals (as defined by statute):

The basic period is 2 years from the date the cause of action accrues, MCLA 600.5805(4), or 6 months after the claimant discovers or should have discovered the existence of the claim, whichever is later. MCLA 600.5838a(2).

Accrual of pre 1986 claims:

For claims based upon acts of malpractice occurring prior to October 1, 1986, the cause of action accrues on the date the licensed health care professional discontinued treating or otherwise serving the claimant in a professional or pseudo professional capacity as to the matters out of which the claim arose.

Accrual of post 1986 claims:

For claims based upon acts of malpractice occurring on or after October 1, 1986, the cause of action accrues at the time of the act or omission which is the basis for the claim of medical malpractice. MCLA 600.5838a(1).

Special rules for minors:

Minor’s claim arising before October 1, 1986:

The same disability of minority applicable to other claims applies to medical malpractice claims. The minor has one year after reaching the age of majority (18) to commence an action.

Minor’s claim arising on or after October 1, 1986:

If the minor is 13 years old or less when the claim accrues, he or she must commence the action on or before his or her 15th birthday. MCLA 600.5851(7). If the minor is more than 13 years old when the claim accrues, he or she is subject to the same rules as adults.

Minor’s claim arising after April 1, 1994:

If the minor is less than 8 years old when the claim accrues, the action must be brought within 2 years or before the minor’s 10th birthday. If the minor has reached his or her 8th birthday, he or she is subject to the same rules as adults.

It is unclear whether the 1994 amendments apply to claims arising after October 1, 1993 or after April 1, 1994.

Minor’s claim involving reproductive system:

If the minor is under 13, and the claim involves his or her reproductive system, the action must be commenced before his or her 15th birthday. If the minor has reached his or her 13th birthday, he or she is subject to the same rules as adults.

Statute of Repose:

The 6 month date-of-discovery provision is limited to the extent that a claimant may not bring a claim later than 6 years after the date of the malpractice. There are exceptions. If the discovery of the existence of the claim was prevented by the fraudulent conduct of a health care provider, or the injury involves the plaintiff’s reproductive system, then the statute of repose does not apply. MCLA 600.5838a(2).

Pre-suit notice provisions:

Plaintiff must give potential defendants 182 days written notice of the intent to file an action, during which the statute of limitations is tolled (MCLA 600.2912b; MCLA 600.5856). The notice provision is technical and sets forth the necessary elements of the notice.

Injuries to persons or property:

3 years from the date the cause of action accrues for injury to persons or property. MCLA 600.5805(8). The cause of action accrues when the act or omission complained of has occurred. MCLA 600.5827. Although most negligence cases are filed under MCLA 600.5805(8), care must be given as this statute is not theory dependent.

Wrongful Death:

Although the statute plainly states that the period is 3 years from the date of the death or injury, MCLA 600.5805(8), the Michigan Supreme Court has interpreted it to provide that the limitation for wrongful death is governed by the provision applicable to the liability theory of the underlying wrongful act, and accrues according to the statutory provisions governing the underlying liability theory, rather than at the date of death. Hawkins v Regional Medical Laboratories, PC, 415 Mich 420; 329 NW2d 729 (1982).

If a person dies within 30 days after the period of limitation has run, the personal representative may file an action that survives by law within 2 years after letters of authority are issued, even though the period of limitations has run, but in no event not greater than 3 years after expiration of the initial period. MCLA 600.5852, MSA 27A.5852.

Products Liability (personal injury):

3 years from the date the cause of action accrues. MCLA 600.5805(9). A cause of action accrues on date of injury.

Dram Shop Actions:

2 years from the date the cause of action accrues for actions for injuries or death caused by the unlawful selling, giving, or furnishing of liquor to minors or intoxicated persons, by a licensee. MCLA 436.22(5).

The exclusive remedy against a liquor licensee for serving alcohol to an intoxicated person or a minor is the Michigan Dram Shop Act. (MCLA 436.22). A social host or other non-licensee who sells alcohol to a minor may be liable under common law, or the social host statute, MCLA 750.141a.

Claimants seeking damages under the Dram Shop Act against a liquor licensee must give written notice to all defendants within 120 days after entering into an attorney-client relationship for the purpose of pursuing such a claim. "Defendants" refers to those persons who by selling, giving, or furnishing the alcoholic liquor have caused or contributed to the intoxication of a person and who have caused or contributed to the damage, injury, or death sustained. Failure to give written notice within the time specified is grounds for dismissal of a claim as to any defendants that did not receive such notice, unless sufficient information for determining that a retail licensee might be liable under this section was not known and could not reasonably have been known within the 120 days. As the law currently stands, the absence of prejudice does not save a cause of action. Brown v JoJo-Ab, Inc., 191 Mich App 208, 477 NW2d 121 (1991).

Architects, engineers and contractors:

6 years, for actions against a state-licensed architect, professional engineer, land surveyor, or any contractor arising out of the defective and unsafe condition or an improvement to real property to recover damages to real or personal property, or for bodily injury or wrongful death, or contribution or indemnity as a result of such damages, or 1 year after the defect is, or should have been, discovered. MCLA 600.5839(1).

Statute of Repose:

No action may be commenced more than 10 years after occupancy of the completed improvement, use, or acceptance of the improvement. MCLA 600.5839(1).

Assault:

2 years from the date the cause of action accrues. MCLA 600.5805(2). The cause of action accrues when the wrongful act has occurred. MCLA 600.5827.

Battery:

2 years from the date the cause of action. MCLA 600.5805(2). The cause of action accrues when the wrongful act has occurred. MCLA 600.5827.

Civil Rights; Handicapped:

3 years from the date the cause of action accrues (MCLA 600.5805). For action based upon the Handicapper’s Civil Rights Act, a cause of action accrues when a deprivation proximately caused by a discriminatory policy occurs (MCLA 37.1101 et seq.). One must provide written request for an accommodation 182 days prior to commencing an action seeking accommodation under the Act. MCLA 37.1210(18); MCLA 37.1606(5).

Civil Rights; Employment Discrimination:

3 years from the date the cause of action accrues. MCLA 600.5805(8). Accrues at time of discriminatory act by employer, not at time of subsequent consequences of discriminatory act; accrual may be extended by continuing wrongful acts or continuing discriminatory policy. Sumner v Goodyear Tire & Rubber Co, 427 MICH 505, 398 NW2d 368 (1986).

Consumer Protection Act:

6 years after the occurrence of the method, act, or practice that is the subject of the action or one year after the last payment, whichever period ends at a later date. MCLA 445.911(7).

Contracts:

6 years from the date the cause of action accrues. MCLA 600.5807(8). The cause of action accrues when the wrong is done. MCLA 600.5827. For installment contracts, a cause of action accrues as each installment falls due. MCLA 600.5836.

Defamation:

1 year from the date the cause of action accrues. MCLA 600.5805(7). A cause of action accrues when the act complained of has occurred. MCLA 600.5827.

Fraud:

3 years or 6 years depending on the nature of the injury sustained. MCLA 600.5805(8).

Sheriffs and Sheriffs’ deputies; misconduct or neglect of duty:

2 years for an action against a sheriff charging misconduct or neglect by the Sheriff or the sheriff’s deputies. MCLA 600.5805(5).

State or Political Subdivisions:

2 years for claims against the state or political subdivision for defective highways. MCLA 691.1402; MCLA 691.1411. 3 years for all claims against the state not otherwise specified. MCLA 600.6452. In general, claims against political subdivisions follow the statute of limitations that pertains to actions in general. MCLA 691.1411.

Notice Provisions:

Notice requirements are sprinkled throughout Michigan law as in other states. The primary application of notice provisions involve actions against governmental entities, although there are notable exceptions. The primary notice provision is 120 days, but there are numerous exceptions.

For claims against county road commissioners, written notice must be served upon the clerk and the chairman of the board within 60 days after the injury occurred for damages sustained by any person by reason of any defective county road, bridge, or culvert under the board of county road commissioners’ jurisdiction. MCLA 224.21. This rule has been held to be unconstitutional. MCLA 691.1404(3) purports to require a 120 day notice period for all defective highway claims. This period may be extended for minors and incapacitated persons to 180 days. MCLA 691.1404(3).

For claims against a municipality, written notice must be served upon the clerk or deputy clerk of a fourth class city (under 10,000 population) within 60 days after the injury occurred for damages to persons or property sustained by reason of any defective street, sidewalk, crosswalk, or public highway, or by reason of any obstruction, ice, snow, or other encumbrance upon such street, sidewalk, crosswalk, or public highway, situated in the city. MCLA 102.1, MSA 5.1806. The statute also authorizes smaller cities and villages to adopt ordinances setting forth notice provisions.

Claims against the state must be filed in the Court of Claims under the Court of Claims Act. MCLA 600.6401 et seq. No claim may be maintained against the state unless the claimant, within 1 year after such claim has accrued, files with the office of the clerk of the court of claims either a written claim or a written notice of intention to file a claim against the state or any of its departments, commissions, boards, institutions, arms or agencies. MCLA 600.6431. This period is reduced to 180 days if the claim is for personal injuries or property damage. MCLA 600.6431(3).