Michigan Compiled Laws

Mich. Comp. Laws § 600.5851 (2026)

Disabilities of infancy or insanity; tacking of successive disabilities prohibited; year of grace; removing disability of infancy; claim alleging medical malpractice accruing to person 8 years old or less or 13 years old or less; disability of imprisonment; “release from imprisonment” defined.

✓ current as of July 2026

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REVISED JUDICATURE ACT OF 1961

Act 236 of 1961

600.5851 Disabilities of infancy or insanity; tacking of successive disabilities prohibited; year of grace; removing disability of infancy; claim alleging medical malpractice accruing to person 8 years old or less or 13 years old or less; disability of imprisonment; “release from imprisonment” defined.

Sec. 5851.

(1) Except as otherwise provided in subsections (7) and (8), if the person first entitled to make an entry or bring an action under this act is under 18 years of age or insane at the time the claim accrues, the person or those claiming under the person shall have 1 year after the disability is removed through death or otherwise, to make the entry or bring the action although the period of limitations has run. This section does not lessen the time provided for in section 5852.

(2) The term insane as employed in this chapter means a condition of mental derangement such as to prevent the sufferer from comprehending rights he or she is otherwise bound to know and is not dependent on whether or not the person has been judicially declared to be insane.

(3) To be considered a disability, the infancy or insanity must exist at the time the claim accrues. If the disability comes into existence after the claim has accrued, a court shall not recognize the disability under this section for the purpose of modifying the period of limitations.

(4) A person shall not tack successive disabilities. A court shall recognize only those disabilities that exist at the time the claim first accrues and that disable the person to whom the claim first accrues for the purpose of modifying the period of limitations.

(5) A court shall recognize both of the disabilities of infancy or insanity that disable the person to whom the claim first accrues at the time the claim first accrues. A court shall count the year of grace provided in this section from the termination of the last disability to the person to whom the claim originally accrued that has continued from the time the claim accrued, whether this disability terminates because of the death of the person disabled or for some other reason.

(6) With respect to a claim accruing before the effective date of the age of majority act of 1971, Act No. 79 of the Public Acts of 1971, being sections 722.51 to 722.55 of the Michigan Compiled Laws, the disability of infancy is removed as of the effective date of Act No. 79 of the Public Acts of 1971, as to persons who were at least 18 years of age but less than 21 years of age on January 1, 1972, and is removed as of the eighteenth birthday of a person who was under 18 years of age on January 1, 1972.

(7) Except as otherwise provided in subsection (8), if, at the time a claim alleging medical malpractice accrues to a person under section 5838a the person has not reached his or her eighth birthday, a person shall not bring an action based on the claim unless the action is commenced on or before the person's tenth birthday or within the period of limitations set forth in section 5838a, whichever is later. If, at the time a claim alleging medical malpractice accrues to a person under section 5838a, the person has reached his or her eighth birthday, he or she is subject to the period of limitations set forth in section 5838a.

(8) If, at the time a claim alleging medical malpractice accrues to a person under section 5838a, the person has not reached his or her thirteenth birthday and if the claim involves an injury to the person's reproductive system, a person shall not bring an action based on the claim unless the action is commenced on or before the person's fifteenth birthday or within the period of limitations set forth in section 5838a, whichever is later. If, at the time a claim alleging medical malpractice accrues to a person under section 5838a, the person has reached his or her thirteenth birthday and the claim involves an injury to the person's reproductive system, he or she is subject to the period of limitations set forth in section 5838a.

(9) If a person was serving a term of imprisonment on the effective date of the 1993 amendatory act that added this subsection, and that person has a cause of action to which the disability of imprisonment would have been applicable under the former provisions of this section, an entry may be made or an action may be brought under this act for that cause of action within 1 year after the effective date of the 1993 amendatory act that added this subsection, or within any other applicable period of limitation provided by law.

(10) If a person died or was released from imprisonment at any time within the period of 1 year preceding the effective date of the 1993 amendatory act that added this subsection, and that person had a cause of action to which the disability of imprisonment would have been applicable under the former provisions of this section on the date of his or her death or release from imprisonment, an entry may be made or an action may be brought under this act for that cause of action within 1 year after the date of his or her death or release from imprisonment, or within any other applicable period of limitation provided by law.

(11) As used in this section, "release from imprisonment" means either of the following:

(a) A final release or discharge from imprisonment in a county jail.

(b) Release on parole or a final release or discharge from imprisonment in a state or federal correctional facility.

History: 1961, Act 236, Eff. Jan. 1, 1963 ;-- Am. 1972, Act 87, Imd. Eff. Mar. 20, 1972 ;-- Am. 1986, Act 178, Eff. Oct. 1, 1986 ;-- Am. 1993, Act 78, Eff. Apr. 1, 1994 ;-- Am. 1993, Act 283, Eff. Apr. 1, 1994

Compiler's Notes:

Section 3 of Act 178 of 1986 provides:

“(1) Sections 2925b, 5805, 5838, and 5851 of Act No. 236 of the Public Acts of 1961, as amended by this amendatory act, shall not apply to causes of action arising before October 1, 1986.

“(2) Sections 1483, 5838a, and 6304 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to causes of action arising on or after October 1, 1986.

“(3) Sections 1629, 1653, 2169, 2591, 2912c, 2912d, 2912e, 6098, 6301, 6303, 6305, 6306, 6307, 6309, and 6311 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed on or after October 1, 1986.

“(4) Sections 1651 and 6013 of Act No. 236 of the Public Acts of 1961, as amended by this amendatory act, shall not apply to cases filed before October 1, 1986.

“(5) Chapter 49 of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed on or after January 1, 1987.

“(6) Chapter 49a of Act No. 236 of the Public Acts of 1961, as added by this amendatory act, shall apply to cases filed in judicial circuits which are comprised of more than 1 county on or after July 1, 1990 and shall apply to cases filed in judicial circuits which are comprised of 1 county on or after October 1, 1988.”

Notes of Decisions

Cited in 249 cases (53 in the last 5 years), 1971–2025 · leading case: Joseph v. Auto Club Ins. Ass'n, 815 N.W.2d 412 (Mich. 2012).

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Joseph v. Auto Club Ins. Ass'n, 815 N.W.2d 412 (Mich. 2012). · cites it 67× “The one-year-back rule is designed to limit the amount of benefits recoverable under the no-fault act to those losses occurring no more than one year before an action is brought. Plaintiff here is seeking to recover no-fault benefits for losses dating back 32 years before she…”

Cameron v. Auto Club Ins. Ass'n, 718 N.W.2d 784 (Mich. 2006). · cites it 94× “3145(1) and MCL 600.5851, the majority finds this an open-and-shut case; it holds that because MCL 500.”

Univ. of Michigan Regents v. Titan Ins Agency, 791 N.W.2d 897 (Mich. 2010). · cites it 75× “35 Geiger cited Rawlins for the proposition that MCL 600.5851 applied to the one- year period of limitations in MCL 500.”

Vanslembrouck v. Halperin, 747 N.W.2d 311 (Mich. Ct. App. 2008). · cites it 54× “However, except as otherwise provided in [MCL 600.5851(7) or (8)], the claim shall not be commenced later than 6 years after the date of the act or omission that is the basis for the claim.”

Vega v. Lakeland Hospitals at Niles & St Joseph, Inc, 705 N.W.2d 389 (Mich. Ct. App. 2005). · cites it 112× “§ 600.5851 was enacted in 1948, whereas M.”

Vega v. Lakeland Hospitals at Niles & St Joseph, Inc, 736 N.W.2d 561 (Mich. 2007). · cites it 34× “We granted leave to appeal to determine whether the insanity saving provision of MCL 600.5851(1) applies to medical malpractice claims.”

Cameron v. Auto Club Ins. Ass'n, 687 N.W.2d 354 (Mich. Ct. App. 2004). · cites it 28× “2d 782 (1979), this Court addressed the issue whether the saving provision of MCL 600.5851 applied to MCL 500.3145(1), the one-year statute of limitations in the no-fault act.”

Lemmerman v. Fealk, 534 N.W.2d 695 (Mich. 1995). · cites it 16× “On May 18, 1990, plaintiff filed a complaint in *62 circuit court against her mother, her father's estate, and her aunt, setting forth allegations of assault and battery and intentional infliction of emotional distress by all defendants, and negligence by her mother and father.”

Liptow v. State Farm Mut. Auto Ins., 726 N.W.2d 442 (Mich. Ct. App. 2007). · cites it 27× “5851(1) interpreted by this Court in Cameron, supra, did not take effect until April 1, 1994.”

Hatcher v. State Farm Mut. Auto. Ins., 712 N.W.2d 744 (Mich. Ct. App. 2006). · cites it 14× “116(C)(8), relying on this Court’s decision *599 in Cameron v Auto Club Ins Ass’n 2 that MCL 600.5851 does not apply to the one-year-back rule.”

Vanslembrouck v. Halperin, 763 N.W.2d 919 (Mich. 2009). · cites it 10× “" Section 5805 generally establishes the limitations periods for civil actions; § 5805(6) establishes the two-year period for malpractice actions that generally begins to run "at the time of the act or omission that is the basis for the claim of medical malpractice," § 5838a(1).”

Cooper v. Auto Club Ins. Ass'n, 751 N.W.2d 443 (Mich. 2008). · cites it 6× “Plaintiffs filed this lawsuit in 2003, alleging that defendant had failed to pay all the PIP benefits that were due under the no-fault act because it underpaid Strozewski for the attendant care she had provided to her daughters at home over the years.”

Show all 249 citing cases →

— Mich. Comp. Laws § 600.5851(1) — 112 cases

Joseph v. Auto Club Ins. Ass'n, 815 N.W.2d 412 (Mich. 2012). “The one-year-back rule is designed to limit the amount of benefits recoverable under the no-fault act to those losses occurring no more than one year before an action is brought. Plaintiff here is seeking to recover no-fault benefits for losses dating back 32 years before she…”

Cameron v. Auto Club Ins. Ass'n, 718 N.W.2d 784 (Mich. 2006). “3145(1) and MCL 600.5851, the majority finds this an open-and-shut case; it holds that because MCL 500.”

Univ. of Michigan Regents v. Titan Ins Agency, 791 N.W.2d 897 (Mich. 2010). “35 Geiger cited Rawlins for the proposition that MCL 600.5851 applied to the one- year period of limitations in MCL 500.”

Vega v. Lakeland Hospitals at Niles & St Joseph, Inc, 705 N.W.2d 389 (Mich. Ct. App. 2005). “§ 600.5851 was enacted in 1948, whereas M.”

Cameron v. Auto Club Ins. Ass'n, 687 N.W.2d 354 (Mich. Ct. App. 2004). “2d 782 (1979), this Court addressed the issue whether the saving provision of MCL 600.5851 applied to MCL 500.3145(1), the one-year statute of limitations in the no-fault act.”

— Mich. Comp. Laws § 600.5851(2) — 18 cases

Vega v. Lakeland Hospitals at Niles & St Joseph, Inc, 736 N.W.2d 561 (Mich. 2007). “We granted leave to appeal to determine whether the insanity saving provision of MCL 600.5851(1) applies to medical malpractice claims.”

Lemmerman v. Fealk, 534 N.W.2d 695 (Mich. 1995). “On May 18, 1990, plaintiff filed a complaint in *62 circuit court against her mother, her father's estate, and her aunt, setting forth allegations of assault and battery and intentional infliction of emotional distress by all defendants, and negligence by her mother and father.”

Vega v. Lakeland Hospitals at Niles & St Joseph, Inc, 705 N.W.2d 389 (Mich. Ct. App. 2005). “§ 600.5851 was enacted in 1948, whereas M.”

Makarow v. Volkswagen of Am., Inc, 403 N.W.2d 563 (Mich. Ct. App. 1987).

Wayne Cnty. Reg'l Educ. Serv. Agency v. Pappas, 56 F. Supp. 2d 807 (E.D. Mich. 1999).

— Mich. Comp. Laws § 600.5851(3) — 10 cases

Mino v. McCarthy, 530 N.W.2d 779 (Mich. Ct. App. 1995).

Wilson v. Knight-Ridder Newspapers, Inc, 475 N.W.2d 388 (Mich. Ct. App. 1991).

Fante v. Stepek, 556 N.W.2d 168 (Mich. Ct. App. 1996).

Joseph Raschke v. Citizens Ins. Co. of Am. (Mich. Ct. App. 2015).

— Mich. Comp. Laws § 600.5851(4) — 3 cases

Gardner v. Burtch (E.D. Mich. 2020).

Derrick Lee Cardello-Smith v. Archdiocese of Detroit (Mich. Ct. App. 2024).

Doe v. Jayark Corp., 84 F. Supp. 3d 609 (E.D. Mich. 2015).

— Mich. Comp. Laws § 600.5851(5) — 3 cases

Nicolette v. Carey, 751 F. Supp. 695 (W.D. Mich. 1990).

Honig v. Liddy, 500 N.W.2d 745 (Mich. Ct. App. 1993).

Morgan v. Wayne Cnty. (E.D. Mich. 2020).

— Mich. Comp. Laws § 600.5851(6) — 3 cases

Foster v. Woods, 246 N.W.2d 387 (Mich. Ct. App. 1976).

Smith v. Bordelove, 234 N.W.2d 535 (Mich. Ct. App. 1975).

Head v. Child.'s Hosp., 285 N.W.2d 203 (Mich. 1979).

— Mich. Comp. Laws § 600.5851(7) — 32 cases

Vanslembrouck v. Halperin, 747 N.W.2d 311 (Mich. Ct. App. 2008). “However, except as otherwise provided in [MCL 600.5851(7) or (8)], the claim shall not be commenced later than 6 years after the date of the act or omission that is the basis for the claim.”

Vega v. Lakeland Hospitals at Niles & St Joseph, Inc, 705 N.W.2d 389 (Mich. Ct. App. 2005). “§ 600.5851 was enacted in 1948, whereas M.”

Mccormick v. Carrier, 795 N.W.2d 517 (Mich. 2010).

Vance v. Henry Ford Health Sys., 726 N.W.2d 78 (Mich. Ct. App. 2007).

— Mich. Comp. Laws § 600.5851(8) — 2 cases

Vega v. Lakeland Hospitals at Niles & St Joseph, Inc, 705 N.W.2d 389 (Mich. Ct. App. 2005). “§ 600.5851 was enacted in 1948, whereas M.”

Burton v. Macha, 846 N.W.2d 419 (Mich. Ct. App. 2014).

— Mich. Comp. Laws § 600.5851(9) — 6 cases

Johnson v. Marks, 568 N.W.2d 689 (Mich. Ct. App. 1997).

Reed v. Correct Care Solutions (E.D. Mich. 2023).

Smith v. Monte (E.D. Mich. 2024).

Daniels 230824 v. Mindlin (W.D. Mich. 2019).

Artis v. State of Michigan (E.D. Mich. 2024).

— Mich. Comp. Laws § 600.5851(b)(1)(b) — 1 case

Brian McLain v. Richard Lobert (Mich. 2024).

— Mich. Comp. Laws § 600.5851(l) — 1 case

Curran v. City of Dearborn, 957 F. Supp. 2d 877 (E.D. Mich. 2013).

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.