December 14, 2005, Introduced by Reps. Gaffney, Ward, Drolet, Byrum and Condino and referred to the Committee on House Oversight, Elections, and Ethics.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 2946 and 5805 (MCL 600.2946 and 600.5805),
section 2946 as amended by 1995 PA 249 and section 5805 as amended
by 2002 PA 715.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
2946. (1) It shall be is admissible as evidence
in a
product liability action that the production of the product was in
accordance with the generally recognized and prevailing
nongovernmental standards in existence at the time the specific
unit of the product was sold or delivered by the defendant to the
initial purchaser or user.
(2) In a product liability action brought against a
manufacturer or seller for harm allegedly caused by a production
defect, the manufacturer or seller is not liable unless the
plaintiff establishes that the product was not reasonably safe at
the time the specific unit of the product left the control of the
manufacturer or seller and that, according to generally accepted
production practices at the time the specific unit of the product
left the control of the manufacturer or seller, a practical and
technically feasible alternative production practice was available
that would have prevented the harm without significantly impairing
the usefulness or desirability of the product to users and without
creating equal or greater risk of harm to others. An alternative
production practice is practical and feasible only if the
technical, medical, or scientific knowledge relating to production
of the product, at the time the specific unit of the product left
the control of the manufacturer or seller, was developed,
available, and capable of use in the production of the product and
was economically feasible for use by the manufacturer. Technical,
medical, or scientific knowledge is not economically feasible for
use by the manufacturer if use of that knowledge in production of
the product would significantly compromise the product's usefulness
or desirability.
(3) With regard to the production of a product that is the
subject of a product liability action, evidence of a philosophy,
theory, knowledge, technique, or procedure that is learned, placed
in use, or discontinued after the event resulting in the death of
the person or injury to the person or property, which if learned,
placed in use, or discontinued before the event would have made the
event less likely to occur, is admissible only for the purpose of
proving the feasibility of precautions, if controverted, or for
impeachment.
(4) In a product liability action brought against a
manufacturer or seller for harm allegedly caused by a product,
other than a product to which subsection (5) applies, there is a
rebuttable presumption that the manufacturer or seller is not
liable if, at the time the specific unit of the product was sold or
delivered to the initial purchaser or user, the aspect of the
product that allegedly caused the harm was in compliance with
standards relevant to the event causing the death or injury set
forth in a federal or state statute or was approved by, or was in
compliance with regulations or standards relevant to the event
causing the death or injury promulgated by, a federal or state
agency responsible for reviewing the safety of the product.
Noncompliance with a standard relevant to the event causing the
death or injury set forth in a federal or state statute or lack of
approval by, or noncompliance with regulations or standards
relevant to the event causing the death or injury promulgated by, a
federal or state agency does not raise a presumption of negligence
on the part of a manufacturer or seller. Evidence of compliance or
noncompliance with a regulation or standard not relevant to the
event causing the death or injury is not admissible.
(5) In a product liability action against a manufacturer or
seller ,
of a product that is a drug, there is a rebuttable
presumption that the product is not defective or unreasonably
dangerous, and that the manufacturer or seller is not liable, if
the drug was approved for safety and efficacy by the United States
food and drug administration, and the drug and its labeling were in
compliance with the United States food and drug administration's
approval at the time the drug left the control of the manufacturer
or seller. However, this subsection does not apply to a drug that
is sold in the United States after the effective date of an order
of the United States food and drug administration to remove the
drug from the market or to withdraw its approval. This subsection
does not apply if the defendant at any time before the event that
allegedly
caused the injury does any either
of the following:
(a) Intentionally withholds from or misrepresents to the
United States food and drug administration information concerning
the drug that is required to be submitted under the federal food,
drug,
and cosmetic act, chapter 675, 52 Stat. 1040, 21 U.S.C. 301
to
321, 331 to 343-2, 344 to 346a, 347, 348 to 353, 355 to 360,
360b
to 376, and 378 to 395, and 21
USC 301 to 399, if the drug
would
not have been approved , or
the United States food and drug
administration
would have withdrawn approval for the drug if had
the
information were been
accurately submitted.
(b) Makes an illegal payment to an official or employee of the
United States food and drug administration for the purpose of
securing or maintaining approval of the drug.
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) The
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. This
limitation applies to causes of action arising on or after February
17, 2000 and to causes of action in which the period of limitations
described in subsection (2) has not already expired as of February
17, 2000.
(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. This limitation applies to causes of
action arising on or after January 1, 2003 and to causes of action
in which the period of limitations described in subsection (2) has
not already expired as of January 1, 2003.
(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) The
Except as otherwise provided
in this section, the
period of limitations is 3 years after the time of the death or
injury
for all other 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. This limitation applies to causes of action arising on or
after February 17, 2000 and to causes of action in which the period
of limitations described in subsection (10) has not already expired
as of February 17, 2000.
(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. This
limitation applies to causes of action arising on or after January
1, 2003 and to causes of action in which the period of limitations
described in subsection (2) has not already expired as of January
1, 2003.
(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) The period of limitations for a cause of action based on
drug product liability that was barred by section 2946(5), as added
by 1995 PA 249, and that accrued on or after January 1, 2000 and
before the effective date of the amendatory act that added this
subsection is 3 years after the effective date of the amendatory
act that added this subsection.
(15) (14)
The period of limitations for an action against a
state licensed architect, professional engineer, land surveyor, or
contractor based on an improvement to real property shall be as
provided in section 5839.
(16) (15)
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.