Bill Text: MI SB1058 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Civil procedure; statute of limitations; drug product liability cases previously prohibited because of FDA approval defense; allow to be commenced within 3 years after repeal of the defense. Amends sec. 5805 of 1961 PA 236 (MCL 600.5805). TIE BAR WITH: SB 0132'13
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-09-16 - Referred To Committee On Government Operations [SB1058 Detail]
Download: Michigan-2013-SB1058-Introduced.html
SENATE BILL No. 1058
September 16, 2014, Introduced by Senator BIEDA and referred to the Committee on Government Operations.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 5805 (MCL 600.5805), as amended by 2012 PA 582.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5805. (1) A person shall not bring or maintain an action
to recover damages for injuries to persons or property unless,
after the claim first accrued to the plaintiff or to someone
through whom the plaintiff claims, the action is commenced within
the periods of time prescribed by this section.
(2) Subject to subsections (3) and (4), the period of
limitations is 2 years for an action charging assault, battery, or
false imprisonment.
(3) The period of limitations is 5 years for an action
charging assault or battery brought by a person who has been
assaulted or battered by his or her spouse or former spouse, an
individual with whom he or she has had a child in common, or a
person with whom he or she resides or formerly resided.
(4) The period of limitations is 5 years for an action
charging assault and battery brought by a person who has been
assaulted or battered by an individual with whom he or she has or
has had a dating relationship.
(5) The period of limitations is 2 years for an action
charging malicious prosecution.
(6) Except as otherwise provided in this chapter, the period
of limitations is 2 years for an action charging malpractice.
(7) The period of limitations is 2 years for an action against
a sheriff charging misconduct or neglect of office by the sheriff
or the sheriff's deputies.
(8) The period of limitations is 2 years after the expiration
of the year for which a constable was elected for actions based on
the constable's negligence or misconduct as constable.
(9) The period of limitations is 1 year for an action charging
libel or slander.
(10) Except as otherwise provided in this section, the period
of limitations is 3 years after the time of the death or injury for
all actions to recover damages for the death of a person, or for
injury to a person or property.
(11) The period of limitations is 5 years for an action to
recover damages for injury to a person or property brought by a
person who has been assaulted or battered by his or her spouse or
former spouse, an individual with whom he or she has had a child in
common, or a person with whom he or she resides or formerly
resided.
(12) The period of limitations is 5 years for an action to
recover damages for injury to a person or property brought by a
person who has been assaulted or battered by an individual with
whom he or she has or has had a dating relationship.
(13) The period of limitations is 3 years for a products
liability action. However, in the case of a product that has been
in use for not less than 10 years, the plaintiff, in proving a
prima facie case, shall be required to do so without benefit of any
presumption.
(14) An action against a state licensed architect or
professional engineer or licensed professional surveyor arising
from professional services rendered is an action charging
malpractice subject to the period of limitation contained in
subsection (6).
(15) The period of limitations for a cause of action based on
drug product liability that was barred by section 2946(5) and that
otherwise could have been commenced after January 1, 1996 and
before the effective date of the amendatory act that deleted
section 2946(5) is 3 years after the effective date of the
amendatory act that deleted section 2946(5).
(16) (15)
The periods of limitation under
this section are
subject to any applicable period of repose established in section
5838a, 5838b, or 5839.
(17) (16)
The amendments to this section made
by 2011 PA 162
apply to causes of action that accrue on or after January 1, 2012.
(18) (17)
As used in this section,
"dating relationship" means
frequent, intimate associations primarily characterized by the
expectation of affectional involvement. Dating relationship does
not include a casual relationship or an ordinary fraternization
between 2 individuals in a business or social context.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 132 of the 97th Legislature is enacted into
law.
