Mich. Comp. Laws » Michigan Compiled Laws / Chapter 600 / Act 236 of 1961
Michigan Compiled Laws

Mich. Comp. Laws § 600.2958 (2026)

Plaintiff's contributory fault not as bar to recovery of damages.

✓ current as of July 2026
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REVISED JUDICATURE ACT OF 1961


Act 236 of 1961


600.2958 Plaintiff's contributory fault not as bar to recovery of damages.

Sec. 2958.

    Subject to section 2959, in an action based on tort or another legal theory seeking damages for personal injury, property damage, or wrongful death, a plaintiff's contributory fault does not bar that plaintiff's recovery of damages.

History: Add. 1995, Act 161, Eff. Mar. 28, 1996

Notes of Decisions
Cited in 16 cases (9 in the last 5 years), 1999–2024 · leading case: Price v. Kroger Co. of Michigan, 773 N.W.2d 739 (Mich. Ct. App. 2009).
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Price v. Kroger Co. of Michigan, 773 N.W.2d 739 (Mich. Ct. App. 2009). · cites it 2× “" MCL 600.2958. Because genuine issues of material fact exist with regard to whether the protruding wire created an unreasonable risk of harm and was sufficiently visible to qualify as open and obvious, the majority properly concludes that the circuit court improperly granted…”
Ritchie-Gamester v. City of Berkley, 597 N.W.2d 517 (Mich. 1999). · cites it 2× “§§ 600.2958, 600.2959; M.S.A. §§ 27A.2958, 27A.”
Cheryl Dorsey v. Taubman Auburn Hills Assocs. (Mich. Ct. App. 2017). · cites it 3× “But that changed in 1995 when our Legislature adopted MCL 600.2958, explicitly enshrining the doctrine of comparative fault in all tort actions: Subject to [MCL 600.”
Cheryl Dorsey v. Taubman Auburn Hills Assocs. (Mich. Ct. App. 2017). · cites it 3× “But that changed in 1995 when our Legislature adopted MCL 600.2958, explicitly enshrining the doctrine of comparative fault in all tort actions: Subject to [MCL 600.”
Est. of Michael Travis Errett v. a Forever Recovery Inc (Mich. Ct. App. 2017). · cites it 3× “2957, MCL 600.2958, and MCL 600.6304(8). We disagree.”
Est. of Michael Travis Errett v. a Forever Recovery Inc (Mich. Ct. App. 2017). · cites it 3× “2957, MCL 600.2958, and MCL 600.6304(8). We disagree.”
Renee Pinsky v. Kroger Co of Michigan (Mich. 2023). · cites it 2× “” MCL 600.2958. Rather, “the court shall reduce the damages by the percentage of comparative fault of [the plaintiff].”
Ahlam Kandil-Elsayed v. F & E Oil Inc (Mich. 2023). · cites it 2× “” MCL 600.2958. Rather, “the court shall reduce the damages by the percentage of comparative fault of [the plaintiff].”
Renee Pinsky v. Kroger Co of Michigan (Mich. 2023). · cites it 2× “” MCL 600.2958. Rather, “the court shall reduce the damages by the percentage of comparative fault of [the plaintiff].”
Ahlam Kandil-Elsayed v. F & E Oil Inc (Mich. 2023). · cites it 2× “” MCL 600.2958. Rather, “the court shall reduce the damages by the percentage of comparative fault of [the plaintiff].”
Susan Blackwell v. Dean Franchi (Mich. Ct. App. 2017). “See also MCL 600.2958. Absent any warning, plaintiff had no reason to expect a step, and the record hints of no clues that should have raised a suspicion of a significant elevation differential before continuing ahead.”
Donna Livings v. Sage's Inv. Grp. LLC (Mich. 2021). “See also MCL 600.2958 (codifying a modified comparative fault regime to govern actions based on tort or other legal theories seeking damages for personal injury, property damage, or wrongful death).”
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