General Negligence Claims

The Existence of a Legal Duty

A duty of care exists when the law recognizes a relationship between the parties that requires one to act — or refrain from acting — in a certain way to avoid foreseeable harm to others. Courts look to factors such as foreseeability of harm, the nature of the risk, and public policy in determining whether a duty exists.

Duties of care often arise in the ordinary course of daily life — whenever a person or business undertakes to act in a way that could foreseeably affect others. Michigan law recognizes that when we choose to engage in certain activities, we must do so with the reasonable care that a prudent person would exercise under similar circumstances. Examples include:

Operating Equipment or Tools: A person who uses machinery, power tools, or household equipment owes a duty to use it safely and not create an unreasonable risk to others nearby.
Handling or Transporting Goods: Anyone who undertakes to move, lift, or transport objects in public or shared spaces must do so with care to avoid injuring others or causing damage.
Providing Directions or Information: When someone gives advice, guidance, or information that others are likely to rely upon — such as a store employee directing a customer through a hazardous area — a duty arises to act reasonably and avoid foreseeable harm.
Using Shared or Public Property: Individuals who undertake activities in public places (such as jogging with a pet, cycling, or operating personal devices) must act as a reasonably careful person would in those surroundings.
Performing Services or Favors: When a person voluntarily agrees to perform a task — like delivering an item, assisting with equipment, or watching over property — they must do so with reasonable competence once the task begins.
Maintaining One’s Own Property or Operations: Businesses and individuals who open their property to others for commerce, deliveries, or shared use have a continuing duty to conduct their activities in a reasonably safe manner, even outside traditional “premises liability” contexts.
Coordinating Activities with Others: Whether through work projects, community events, or shared resources, those who participate in joint undertakings have a duty to avoid careless actions that could foreseeably injure others.
Managing Animals or Controlled Objects: A person who undertakes to handle, confine, or transport an animal, drone, or similar instrumentality must exercise reasonable care to prevent it from harming others or damaging property.
Communicating Warnings or Instructions: Once someone undertakes to issue a warning or instruction — for example, a coworker or team leader cautioning others about a hazard — they must do so in a reasonably clear and timely manner.
Ordinary Commercial Transactions: Businesses that sell, install, or service goods owe a duty to carry out those undertakings with the skill and care customary in their trade to avoid creating new risks.

Undertakings and Voluntary Assumption of Duty

In many situations, a person or organization assumes a duty not because the law initially required it, but because they undertook to perform an act for the protection or benefit of another. Once that undertaking begins, Michigan law imposes an obligation to carry it out with reasonable care (see Fultz v. Union-Commerce Associates, 470 Mich 460 (2004)). Common examples include:

Rendering Aid or Assistance: An individual or employee who volunteers to help an injured person, provide first aid, or summon help must do so carefully once the aid is undertaken.
Providing Security or Safety Measures: A business, event sponsor, or landlord that chooses to provide escorts, patrols, or monitoring assumes a duty to act with reasonable diligence in carrying out those measures.
Maintenance and Repair Undertakings: A contractor, vendor, or property manager who agrees to perform repairs, inspections, or snow removal must complete the work in a manner that does not increase the risk of harm.
Supervision of Others: Schools, daycares, recreational programs, and similar entities that accept responsibility for the supervision of minors must exercise reasonable care in protecting them from foreseeable dangers.
Health and Caregiving Services: Home-health aides, nursing agencies, and caregivers who undertake daily living or medical assistance owe a duty to perform those services safely and consistently.
Transportation and Event Safety: Nonprofits or community organizations that arrange rides, volunteer drivers, or safety coordination at events must take reasonable precautions in fulfilling those commitments.
Employee Training and Oversight: Employers or supervisors who undertake to train workers in hazardous environments must provide adequate instruction and enforce known safety protocols.
Manufacturer or Service Follow-Up: Companies that voluntarily issue recalls, warnings, or inspection campaigns assume a duty to implement those efforts with reasonable care and accuracy.
Public or Governmental Undertakings: When a governmental body undertakes a specific protective task—such as maintaining signals, inspecting equipment, or responding to hazards—it may owe a duty to perform that function responsibly.

The Reasonable Standard of Care

The “reasonable person” standard measures what an ordinarily careful and prudent person would do in the same situation. It’s an objective test — not based on what the defendant personally believed, but on what society expects as reasonable behavior.

The standard can change depending on context:

Professionals (such as doctors or lawyers) are held to the level of care and competence customary in their field.
Businesses open to the public owe a heightened duty to anticipate and prevent foreseeable hazards.
Property owners must act as a reasonably prudent landowner would under similar conditions.