Is gross negligence a cause of action under Michigan law?
By: Rebecca M. Klein
The question of whether gross negligence exists as a standalone cause of action is an open one under Michigan law. Plaintiffs’ attorneys espouse it as a separate cause of action for a heightened form of ordinary negligence, while defense attorneys argue that it is merely a standard for liability, not its own cause of action. This article explores the caselaw on both sides of the issue, along with arguments that counsel on either side may wish to make.