reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 170 of 1964 - Governmental Liability for Negligence (691.1401 - 691.1419) › Section 691.1406 - Public Buildings; Dangerous Condition; Liability; Notice, Contents, Service.

691.1406 Public buildings; dangerous condition; liability; notice, contents, service.
Sec. 6.
Governmental agencies have the obligation to repair and maintain public buildings under their control when open for use by members of the public. Governmental agencies are liable for bodily injury and property damage resulting from a dangerous or defective condition of a public building if the governmental agency had actual or constructive knowledge of the defect and, for a reasonable time after acquiring knowledge, failed to remedy the condition or to take action reasonably necessary to protect the public against the condition. Knowledge of the dangerous and defective condition of the public building and time to repair the same shall be conclusively presumed when such defect existed so as to be readily apparent to an ordinary observant person for a period of 90 days or longer before the injury took place. As a condition to any recovery for injuries sustained by reason of any dangerous or defective public building, the injured person, within 120 days from the time the injury occurred, shall serve a notice on the responsible governmental agency of the occurrence of the injury and the defect. The notice shall specify the exact location and nature of the defect, the injury sustained and the names of the witnesses known at the time by the claimant.
The notice may be served upon any individual, either personally, or by certified mail, return receipt requested, who may lawfully be served with civil process directed against the responsible governmental agency, anything to the contrary in the charter of any municipal corporation notwithstanding. If required by the legislative body or chief administrative officer of the responsible governmental agency, the claimant shall appear to testify, when physically able to do so, and shall produce his witnesses before the legislative body, a committee thereof, the chief administrative officer, his deputy, or a legal officer of the governmental agency, as directed by the legislative body or by the chief administrative officer of the responsible governmental agency, for examination under oath as to the claim, the amount thereof, and the extent of the injury. Notice to the state of Michigan shall be given as provided in section 4. No action shall be brought under the provisions of this section against any governmental agency, other than a municipal corporation, except for injury or loss suffered after July 1, 1965.
History:
1964, Act 170, Eff. July 1, 1965 ;-- Am. 1970, Act 155, Imd. Eff. Aug. 1, 1970
Popular Name:
Governmental Immunity Act
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 170 of 1964 - Governmental Liability for Negligence (691.1401 - 691.1419) › Section 691.1406a - Subrogation.

691.1406a Subrogation.
Sec. 6a.
A governmental agency against whom judgment has been entered pursuant to this act may seek subrogation where it is available by law or by contract and recover contribution from each co-defendant and joint and several tort feasor where appropriate pursuant to sections 2925a to 2925d of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being sections 600.2925a to 600.2925d of the Michigan Compiled Laws.
History:
Add. 1986, Act 175, Imd. Eff. July 7, 1986
Constitutionality:
In Hyde v University of Michigan Regents, 426 Mich 223 (1986), the Supreme Court stated that “1986 PA 175 was enacted, effective July 1, 1986.” Act 175 was approved by the Governor July 6, 1986, and filed with Secretary of State July 7, 1986.
Compiler's Notes:
Section 3 of Act 175 of 1986 provides:“(1) Sections 1, 7, and 13 of Act No. 170 of the Public Acts of 1964, as amended by this amendatory act, being sections 691.1401, 691.1407, and 691.1413 of the Michigan Compiled Laws, shall not apply to causes of action which arise before July 1, 1986.“(2) Section 6a of Act No. 170 of the Public Acts of 1964, as added by this amendatory act, shall apply to cases filed on or after July 1, 1986.”
Popular Name:
Governmental Immunity Act
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 170 of 1964 - Governmental Liability for Negligence (691.1401 - 691.1419) › Section 691.1407a - Repealed. 1999, Act 241, Eff. Jan. 1, 2003.

691.1407a Repealed. 1999, Act 241, Eff. Jan. 1, 2003.
Compiler's Notes:
The repealed section pertained to immunity of political subdivision and governmental agency from liability resulting from computer date failure.
Popular Name:
Governmental Immunity Act
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 170 of 1964 - Governmental Liability for Negligence (691.1401 - 691.1419) › Section 691.1407b - Repealed. 1999, Act 242, Eff. Jan. 1, 2003.

691.1407b Repealed. 1999, Act 242, Eff. Jan. 1, 2003.
Compiler's Notes:
The repealed section pertained to immunity of municipal corporation from liability resulting from computer date failure.
Popular Name:
Governmental Immunity Act
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 170 of 1964 - Governmental Liability for Negligence (691.1401 - 691.1419) › Section 691.1407c - Donated Fire Control or Rescue Equipment; Liability; Testing, Repair, or Maintenance; Rights of Employee or Volunteer Under MCL 418.101 to 418.941; "Organized Fire Department" Defined.

691.1407c Donated fire control or rescue equipment; liability; testing, repair, or maintenance; rights of employee or volunteer under MCL 418.101 to 418.941; "organized fire department" defined.
Sec. 7c.
(1) A municipal corporation, organized fire department, or agent of a municipal corporation or organized fire department that donates fire control or rescue equipment to another municipal corporation or organized fire department is not liable for damages for personal injury, death, or property damage proximately caused after the donation by a defect in the equipment.
(2) Before using equipment donated under subsection (1), a municipal corporation or organized fire department that receives the donated equipment shall have the equipment tested, repaired, or maintained if required by state or federal law, rule, or regulation. The municipal corporation or organized fire department shall not use the donated equipment unless the use is consistent with state and federal laws, rules, and regulations. Subject to subsection (3), a municipal corporation or organized fire department that complies with this subsection is not liable for damages for personal injury, death, or property damage proximately caused by a defect in the donated equipment.
(3) The immunity from liability provided by subsection (2) does not affect the rights of an employee or volunteer of the municipal corporation or organized fire department that receives the donated equipment to benefits under the worker's disability compensation act of 1969, 1969 PA 317, MCL 418.101 to 418.941, or any similar law.
(4) As used in this section, "organized fire department" means that term as defined in section 1 of the fire prevention code, 1941 PA 207, MCL 29.1.
History:
Add. 2006, Act 244, Imd. Eff. June 30, 2006
Popular Name:
Governmental Immunity Act
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 170 of 1964 - Governmental Liability for Negligence (691.1401 - 691.1419) › Section 691.1409 - Liability Insurance; Waiver of Defense.

691.1409 Liability insurance; waiver of defense.
Sec. 9.
(1) A governmental agency may purchase liability insurance to indemnify and protect the governmental agency against loss or to protect the governmental agency and an agent, officer, employee, or volunteer of the governmental agency against loss on account of an adverse judgment arising from a claim for personal injury or property damage caused by the governmental agency or its agent, officer, employee, or volunteer. A governmental agency may pay premiums for the insurance authorized by this section out of current funds.
(2) The existence of an insurance policy indemnifying a governmental agency against liability for damages is not a waiver of a defense otherwise available to the governmental agency in the defense of the claim.
History:
1964, Act 170, Eff. July 1, 1965 ;-- Am. 2002, Act 400, Imd. Eff. May 30, 2002
Popular Name:
Governmental Immunity Act
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 170 of 1964 - Governmental Liability for Negligence (691.1401 - 691.1419) › Section 691.1410 - Claims Against State, Political Subdivision, or Municipal Corporation; Procedure.

691.1410 Claims against state, political subdivision, or municipal corporation; procedure.
Sec. 10.
(1) Claims against the state authorized under this act shall be brought in the manner provided in sections 6401 to 6475 of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being sections 600.6401 to 600.6475 of the Michigan Compiled Laws, and against any political subdivision or municipal corporation by civil action in any court having jurisdiction.
(2) Except as otherwise provided in this act, any claim that is authorized under this act shall be subject to the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being sections 600.101 to 600.9947 of the Michigan Compiled Laws.
History:
1964, Act 170, Eff. July 1, 1965 ;-- Am. 1986, Act 175, Imd. Eff. July 7, 1986
Constitutionality:
In Hyde v University of Michigan Regents, 426 Mich 223 (1986), the Supreme Court stated that “1986 PA 175 was enacted, effective July 1, 1986.” Act 175 was approved by the Governor July 6, 1986, and filed with Secretary of State July 7, 1986.
Popular Name:
Governmental Immunity Act
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 170 of 1964 - Governmental Liability for Negligence (691.1401 - 691.1419) › Section 691.1411 - Claim Against Government Agency; Limitation of Actions.

691.1411 Claim against government agency; limitation of actions.
Sec. 11.
(1) Every claim against any governmental agency shall be subject to the general law respecting limitations of actions except as otherwise provided in this section.
(2) The period of limitations for claims arising under section 2 of this act shall be 2 years.
(3) The period of limitations for all claims against the state, except those arising under section 2 of this act, shall be governed by chapter 64 of Act No. 236 of the Public Acts of 1961.
History:
1964, Act 170, Eff. July 1, 1965
Constitutionality:
This section does not deny the equal protection of the law. Forest v Parmalee, 402 Mich 348; 262 NW2d 653 (1978).
Popular Name:
Governmental Immunity Act
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 170 of 1964 - Governmental Liability for Negligence (691.1401 - 691.1419) › Section 691.1412 - Claims Under Act; Defenses Available.

691.1412 Claims under act; defenses available.
Sec. 12.
Claims under this act are subject to all of the defenses available to claims sounding in tort brought against private persons.
History:
1964, Act 170, Eff. July 1, 1965
Popular Name:
Governmental Immunity Act
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 170 of 1964 - Governmental Liability for Negligence (691.1401 - 691.1419) › Section 691.1413 - Damage Arising Out of Performance of Proprietary Function.

691.1413 Damage arising out of performance of proprietary function.
Sec. 13.
The immunity of the governmental agency shall not apply to actions to recover for bodily injury or property damage arising out of the performance of a proprietary function as defined in this section. Proprietary function shall mean any activity which is conducted primarily for the purpose of producing a pecuniary profit for the governmental agency, excluding, however, any activity normally supported by taxes or fees. No action shall be brought against the governmental agency for injury or property damage arising out of the operation of proprietary function, except for injury or loss suffered on or after July 1, 1965.
History:
1964, Act 170, Eff. July 1, 1965 ;-- Am. 1986, Act 175, Imd. Eff. July 7, 1986
Constitutionality:
Section 3 of Act 175 of 1986 provides:“(1) Sections 1, 7, and 13 of Act No. 170 of the Public Acts of 1964, as amended by this amendatory act, being sections 691.1401, 691.1407, and 691.1413 of the Michigan Compiled Laws, shall not apply to causes of action which arise before July 1, 1986.“(2) Section 6a of Act No. 170 of the Public Acts of 1964, as added by this amendatory act, shall apply to cases filed on or after July 1, 1986.”In Hyde v University of Michigan Regents, 426 Mich 223 (1986), the Supreme Court stated that “1986 PA 175 was enacted, effective July 1, 1986.” Act 175 was approved by the Governor July 6, 1986, and filed with Secretary of State July 7, 1986.
Popular Name:
Governmental Immunity Act
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 170 of 1964 - Governmental Liability for Negligence (691.1401 - 691.1419) › Section 691.1414 - Repeal.

691.1414 Repeal.
Sec. 14.
Chapter 22 of Act No. 283 of the Public Acts of 1909, as amended, being sections 242.1 to 242.8 of the Compiled Laws of 1948; section 2904 of Act No. 236 of the Public Acts of 1961, being section 600.2904 of the Compiled Laws of 1948; Act No. 59 of the Public Acts of 1951, as amended, being sections 124.101 to 124.103 of the Compiled Laws of 1948, are repealed.
History:
1964, Act 170, Eff. July 1, 1965
Popular Name:
Governmental Immunity Act
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 170 of 1964 - Governmental Liability for Negligence (691.1401 - 691.1419) › Section 691.1415 - Effective Date of Act.

691.1415 Effective date of act.
Sec. 15.
This act shall take effect July 1, 1965.
History:
1964, Act 170, Eff. July 1, 1965
Popular Name:
Governmental Immunity Act
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 170 of 1964 - Governmental Liability for Negligence (691.1401 - 691.1419) › Section 691.1417 - Damages or Physical Injuries Caused by Sewage Disposal System Event; Compliance of Claimant and Governmental Agency With Relief Provisions.

691.1417 Damages or physical injuries caused by sewage disposal system event; compliance of claimant and governmental agency with relief provisions.
Sec. 17.
(1) To afford property owners, individuals, and governmental agencies greater efficiency, certainty, and consistency in the provision of relief for damages or physical injuries caused by a sewage disposal system event, a claimant and a governmental agency subject to a claim shall comply with this section and the procedures in sections 18 and 19.
(2) A governmental agency is immune from tort liability for the overflow or backup of a sewage disposal system unless the overflow or backup is a sewage disposal system event and the governmental agency is an appropriate governmental agency. Sections 16 to 19 abrogate common law exceptions, if any, to immunity for the overflow or backup of a sewage disposal system and provide the sole remedy for obtaining any form of relief for damages or physical injuries caused by a sewage disposal system event regardless of the legal theory.
(3) If a claimant, including a claimant seeking noneconomic damages, believes that an event caused property damage or physical injury, the claimant may seek compensation for the property damage or physical injury from a governmental agency if the claimant shows that all of the following existed at the time of the event:
(a) The governmental agency was an appropriate governmental agency.
(b) The sewage disposal system had a defect.
(c) The governmental agency knew, or in the exercise of reasonable diligence should have known, about the defect.
(d) The governmental agency, having the legal authority to do so, failed to take reasonable steps in a reasonable amount of time to repair, correct, or remedy the defect.
(e) The defect was a substantial proximate cause of the event and the property damage or physical injury.
(4) In addition to the requirements of subsection (3), to obtain compensation for property damage or physical injury from a governmental agency, a claimant must show both of the following:
(a) If any of the damaged property is personal property, reasonable proof of ownership and the value of the damaged personal property. Reasonable proof may include testimony or records documenting the ownership, purchase price, or value of the property, or photographic or similar evidence showing the value of the property.
(b) The claimant complied with section 19.
History:
Add. 2001, Act 222, Imd. Eff. Jan. 2, 2002
Popular Name:
Governmental Immunity Act
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 170 of 1964 - Governmental Liability for Negligence (691.1401 - 691.1419) › Section 691.1418 - Economic Damages; Grounds for Noneconomic Damages; Available Defenses.

691.1418 Economic damages; grounds for noneconomic damages; available defenses.
Sec. 18.
(1) Except as provided in subsection (2), economic damages are the only compensation for a claim under section 17. Except as provided in subsection (2), a court shall not award and a governmental agency shall not pay noneconomic damages as compensation for an event.
(2) A governmental agency remains subject to tort liability for noneconomic damages caused by an event only if the claimant or the individual on whose behalf the claimant is making the claim has suffered death, serious impairment of body function, or permanent serious disfigurement.
(3) In an action for noneconomic damages under section 17, the issues of whether a claimant or the individual on whose behalf the claimant is making the claim has suffered serious impairment of body function or permanent serious disfigurement are questions of law for the court if the court finds either of the following:
(a) There is no factual dispute concerning the nature and extent of the claimant's or the individual's injuries.
(b) There is a factual dispute concerning the nature and extent of the claimant's or the individual's injuries, but the dispute is not material to determining whether the claimant or the individual has suffered a serious impairment of body function or permanent serious disfigurement.
(4) Unless this act provides otherwise, a party to a civil action brought under section 17 has all applicable common law and statutory defenses ordinarily available in civil actions, and is entitled to all rights and procedures available under the Michigan court rules.
History:
Add. 2001, Act 222, Imd. Eff. Jan. 2, 2002
Popular Name:
Governmental Immunity Act
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Repealed - Act 236 of 2020 - Covid-19 Response and Reopening Liability Assurance Act (691.1451 - 691.1460)

COVID-19 RESPONSE AND REOPENING LIABILITY ASSURANCE ACT
Act 236 of 2020
691.1451-691.1460 Repealed. 2022, Act 139, Eff. July 1, 2023.
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 240 of 2020 - Pandemic Health Care Immunity Act (691.1471 - 691.1477) › Section 691.1471 - Short Title.

***** 691.1471 This section applies retroactively on or after March 29, 2020 and before July 14, 2020: See 691.1477 *****
691.1471 Short title.
Sec. 1.
This act shall be known and may be cited as the "pandemic health care immunity act".
History:
2020, Act 240, Imd. Eff. Oct. 22, 2020
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 240 of 2020 - Pandemic Health Care Immunity Act (691.1471 - 691.1477) › Section 691.1473 - Definitions.

***** 691.1473 This section applies retroactively on or after March 29, 2020 and before July 14, 2020: See 691.1477 *****
691.1473 Definitions.
Sec. 3.
As used in this act:
(a) "Gross negligence" means conduct so reckless as to demonstrate a substantial lack of concern for whether an injury results.
(b) "Health care facility" means an entity that is 1 or more of the following:
(i) A health facility or agency as defined in section 20106 of the public health code, 1978 PA 368, MCL 333.20106.
(ii) A state-owned surgical center.
(iii) A state-operated outpatient facility.
(iv) A state-operated veterans facility.
(v) A facility used as surge capacity for any of the health care facilities described in this subdivision.
(c) "Health care provider" means an individual that is 1 or more of the following:
(i) An individual licensed under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.
(ii) An individual permitted to engage in the practice of a health profession under section 16171(c) of the public health code, 1978 PA 368, MCL 333.16171.
(iii) Emergency medical services personnel as defined in section 20904 of the public health code, 1978 PA 368, MCL 333.20904.
(iv) A student, volunteer, or any other licensed health care professional at a health care facility.
(d) "Health care services" means services provided to an individual by a health care facility or health care provider regardless of the location where those services are provided, including the provision of health care services via telehealth or other remote method.
(e) "Willful misconduct" means conduct or a failure to act that was intended to cause harm.
History:
2020, Act 240, Imd. Eff. Oct. 22, 2020
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 240 of 2020 - Pandemic Health Care Immunity Act (691.1471 - 691.1477) › Section 691.1475 - Health Care Provider or Health Care Facility; Immunity for Health Care Services in Response to Covid-19 Pandemic.

***** 691.1475 This section applies retroactively on or after March 29, 2020 and before July 14, 2020: See 691.1477 *****
691.1475 Health care provider or health care facility; immunity for health care services in response to COVID-19 pandemic.
Sec. 5.
A health care provider or health care facility that provides health care services in support of this state's response to the COVID-19 pandemic is not liable for an injury, including death, sustained by an individual by reason of those services, regardless of how, under what circumstances, or by what cause those injuries are sustained, unless it is established that the provision of the services constituted willful misconduct, gross negligence, intentional and willful criminal misconduct, or intentional infliction of harm by the health care provider or health care facility.
History:
2020, Act 240, Imd. Eff. Oct. 22, 2020
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 240 of 2020 - Pandemic Health Care Immunity Act (691.1471 - 691.1477) › Section 691.1476 - Inapplicable to Claims Under the Worker's Disability Compensation Act of 1969.

***** 691.1476 This section applies retroactively on or after March 29, 2020 and before July 14, 2020: See 691.1477 *****
691.1476 Inapplicable to claims under the worker's disability compensation act of 1969.
Sec. 6.
This act does not apply to claims covered by the worker's disability compensation act of 1969, 1969 PA 317, MCL 418.101 to 418.941.
History:
2020, Act 240, Imd. Eff. Oct. 22, 2020
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 240 of 2020 - Pandemic Health Care Immunity Act (691.1471 - 691.1477) › Section 691.1477 - Retroactive Applicability.

691.1477 Retroactive applicability.
Sec. 7.
The liability protection provided by this act applies retroactively, and applies on or after March 29, 2020 and before July 14, 2020.
History:
2020, Act 240, Imd. Eff. Oct. 22, 2020
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 17 of 1963 - Liability of Certain Persons for Emergency Care (691.1501 - 691.1507) › Section 691.1502 - Emergency Care; Exemption From Civil Liability; Exception; Staffing Hospital Emergency Facilities.

691.1502 Emergency care; exemption from civil liability; exception; staffing hospital emergency facilities.
Sec. 2.
(1) If the individual's actual hospital duty does not require a response to the emergency situation, a physician, physician's assistant, dentist, podiatrist, intern, resident, registered professional nurse, licensed practical nurse, physical therapist, clinical laboratory technologist, inhalation therapist, certified registered nurse anesthetist, x-ray technician, or licensed EMS provider who in good faith responds to a life threatening emergency or responds to a request for emergency assistance in a life threatening emergency in a hospital or other licensed medical care facility is not liable for civil damages as a result of an act or omission in the rendering of emergency care, except an act or omission amounting to gross negligence or willful and wanton misconduct.
(2) The exemption from liability under subsection (1) does not apply to a physician if a physician-patient relationship, to a physician's assistant if a physician's assistant-patient relationship, or to a licensed nurse if a nurse-patient relationship existed before the emergency.
(3) The exemption from liability under subsection (1) does not apply to a physician's assistant unless the response by the physician's assistant is within the scope of the license held by the physician's assistant or within the expertise or training of the physician's assistant.
(4) This act does not diminish a hospital's responsibility to reasonably and adequately staff hospital emergency facilities if the hospital maintains or holds out to the general public that it maintains emergency room facilities.
History:
Add. 1975, Act 123, Imd. Eff. July 1, 1975 ;-- Am. 2002, Act 543, Imd. Eff. July 26, 2002 ;-- Am. 2015, Act 209, Eff. Feb. 28, 2016
Compiler's Notes:
Enacting section 1 of Act 543 of 2002 provides:“Enacting section 1. This amendatory act applies to a cause of action arising on or after the effective date of this amendatory act.”
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 17 of 1963 - Liability of Certain Persons for Emergency Care (691.1501 - 691.1507) › Section 691.1503 - Administration of Opioid Antagonist; Liability; Definitions.

691.1503 Administration of opioid antagonist; liability; definitions.
Sec. 3.
(1) An individual who in good faith believes that another individual is suffering the immediate effects of an opioid-related overdose and who administers an opioid antagonist to the other individual is not liable in a civil action for damages resulting from the administration.
(2) This section does not apply in any of the following circumstances:
(a) If the individual who administers the opioid antagonist is a physician, physician's assistant, registered nurse, or licensed practical nurse and the opioid antagonist is administered in a hospital.
(b) If the conduct of the individual administering the opioid antagonist is willful or wanton misconduct.
(3) As used in this section:
(a) "Opioid antagonist" means naloxone hydrochloride or any other similarly acting and equally safe drug approved by the federal food and drug administration for the treatment of drug overdose.
(b) "Opioid-related overdose" means a condition, including, but not limited to, extreme physical illness, decreased level of consciousness, respiratory depression, coma, or death, that results from the consumption or use of an opioid or another substance with which an opioid was combined or that a layperson would reasonably believe to be an opioid-related overdose that requires medical assistance.
History:
Add. 2014, Act 314, Imd. Eff. Oct. 14, 2014
Compiler's Notes:
Former MCL 691.1503, which pertained to liability of health personnel and drug manufacturers participating in mass immunization programs, was repealed by Act 368 of 1978, Eff. Sept. 30, 1978.
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 17 of 1963 - Liability of Certain Persons for Emergency Care (691.1501 - 691.1507) › Section 691.1504 - Rendering of Cardiopulmonary Resuscitation; Applicability of Subsection (1) to Civil Actions; Use of Automated External Defibrillator; Applicability of Subsections (3) and (4).

691.1504 Rendering of cardiopulmonary resuscitation; applicability of subsection (1) to civil actions; use of automated external defibrillator; applicability of subsections (3) and (4).
Sec. 4.
(1) Subject to subsection (2), an individual who having no duty to do so in good faith voluntarily renders cardiopulmonary resuscitation to another individual is not liable in a civil action for damages resulting from an act or omission in rendering the cardiopulmonary resuscitation, except an act or omission that constitutes gross negligence or willful and wanton misconduct.
(2) Subsection (1) applies only to a civil action that is filed or pending on or after May 1, 1986.
(3) Subject to subsection (5), an individual who having no duty to do so in good faith voluntarily renders emergency services to another individual using an automated external defibrillator is not liable in a civil action for damages resulting from an act or omission in rendering the emergency services using the automated external defibrillator, except an act or omission that constitutes gross negligence or willful and wanton misconduct.
(4) Subject to subsection (5), the following persons are not liable in a civil action for damages resulting from an act or omission of an individual rendering emergency services using an automated external defibrillator as described in subsection (3), except if the person's actions constitute gross negligence or willful and wanton misconduct:
(a) A physician who provides medical authorization for use of an automated external defibrillator.
(b) An individual who instructs others in the use of an automated external defibrillator.
(c) An individual or entity that owns, occupies, or manages the premises where an automated external defibrillator is located or used.
(5) Subsections (3) and (4) apply only to a civil action that is filed or pending on or after the effective date of the amendatory act that added this subsection.
History:
Add. 1986, Act 21, Imd. Eff. Mar. 10, 1986 ;-- Am. 1999, Act 173, Imd. Eff. Nov. 16, 1999
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 17 of 1963 - Liability of Certain Persons for Emergency Care (691.1501 - 691.1507) › Section 691.1505 - Liability of Block Parent Volunteer; Definitions.

691.1505 Liability of block parent volunteer; definitions.
Sec. 5.
(1) A block parent volunteer who in good faith and while acting as a block parent volunteer renders assistance to a minor during an emergency shall not be liable for civil damages resulting from an act or omission in the rendering of that assistance, except an act or omission amounting to gross negligence or wilful and wanton misconduct.
(2) As used in this section:
(a) "Block parent volunteer" means a person who is a member of a nonprofit volunteer organization which has as its primary function assisting minors in getting safely to and from school.
(b) "Minor" means a person who is less than 18 years of age.
History:
Add. 1985, Act 150, Imd. Eff. Nov. 12, 1985
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 17 of 1963 - Liability of Certain Persons for Emergency Care (691.1501 - 691.1507) › Section 691.1507 - Member of National Ski Patrol System Rendering Emergency Care; Liability for Acts or Omissions.

691.1507 Member of national ski patrol system rendering emergency care; liability for acts or omissions.
Sec. 7.
A person who is a registered member of the national ski patrol system and who, in good faith and while on patrol as a member of the national ski patrol system, renders emergency care at the scene of an emergency shall not be liable for civil damages as a result of acts or omissions by the person in rendering the emergency care, except acts or omissions amounting to gross negligence or willful and wanton misconduct.
History:
Add. 1987, Act 30, Imd. Eff. May 26, 1987 ;-- Am. 2006, Act 43, Imd. Eff. Mar. 2, 2006
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Repealed - Act 174 of 1967 - Blood Banking and Transfusion Procedures (691.1511 - 691.1512)

BLOOD BANKING AND TRANSFUSION PROCEDURES
Act 174 of 1967
691.1511,691.1512 Repealed. 1978, Act 368, Eff. Sept. 30, 1978.
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 448 of 1978 - Immunity of Restaurant Owners and Employees (691.1521 - 691.1522) › Section 691.1521 - “Restaurant” Defined.

691.1521 “Restaurant” defined.
Sec. 1.
As used in this act, "restaurant" means a fixed or mobile establishment serving food to the public for consumption on the premises.
History:
1978, Act 448, Imd. Eff. Oct. 11, 1978
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 448 of 1978 - Immunity of Restaurant Owners and Employees (691.1521 - 691.1522) › Section 691.1522 - Removal of Food Lodged in Throat; Liability of Employee or Owner of Restaurant.

691.1522 Removal of food lodged in throat; liability of employee or owner of restaurant.
Sec. 2.
A restaurant or an employee or owner of a restaurant shall not be liable for civil damages if an employee or owner of a restaurant in good faith attempts to remove, removes, or assists in the removal or attempted removal of food which is lodged in an individual's throat, unless the employee or owner was grossly negligent in his or her actions.
History:
1978, Act 448, Imd. Eff. Oct. 11, 1978
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Repealed - Act 339 of 1982 - Immunity of Food Donors From Civil Liability (691.1531 - 691.1536)

IMMUNITY OF FOOD DONORS FROM CIVIL LIABILITY
Act 339 of 1982
691.1531-691.1536 Repealed. 1989, Act 207, Imd. Eff. Nov. 7, 1989;—1989, Act 207, Eff. July 1, 1993;—1993, Act 77, Imd. Eff. July 9, 1993;—1993, Act 136, Imd. Eff. Aug. 2, 1993.
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 269 of 1989 - Sport Shooting Ranges (691.1541 - 691.1544) › Section 691.1541 - Definitions.

691.1541 Definitions.
Sec. 1.
As used in this act:
(a) "Generally accepted operation practices" means those practices adopted by the commission of natural resources that are established by a nationally recognized nonprofit membership organization that provides voluntary firearm safety programs that include training individuals in the safe handling and use of firearms, which practices are developed with consideration of all information reasonably available regarding the operation of shooting ranges. The generally accepted operation practices shall be reviewed at least every 5 years by the commission of natural resources and revised as the commission considers necessary. The commission shall adopt generally accepted operation practices within 90 days of the effective date of section 2a.
(b) "Local unit of government" means a county, city, township, or village.
(c) "Person" means an individual, proprietorship, partnership, corporation, club, governmental entity, or other legal entity.
(d) "Sport shooting range" or "range" means an area designed and operated for the use of archery, rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or any other similar sport shooting.
History:
1989, Act 269, Imd. Eff. Dec. 26, 1989 ;-- Am. 1994, Act 250, Imd. Eff. July 5, 1994
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 269 of 1989 - Sport Shooting Ranges (691.1541 - 691.1544) › Section 691.1542 - Sport Shooting Ranges; Civil Liability or Criminal Prosecution; State Rules or Regulations.

691.1542 Sport shooting ranges; civil liability or criminal prosecution; state rules or regulations.
Sec. 2.
(1) Notwithstanding any other provision of law, and in addition to other protections provided in this act, a person who owns or operates or uses a sport shooting range that conforms to generally accepted operation practices in this state is not subject to civil liability or criminal prosecution in any matter relating to noise or noise pollution resulting from the operation or use of the range if the range is in compliance with any noise control laws or ordinances that applied to the range and its operation at the time of construction or initial operation of the range.
(2) In addition to other protections provided in this act, a person who owns, operates, or uses a sport shooting range that conforms to generally accepted operation practices is not subject to an action for nuisance, and a court of the state shall not enjoin or restrain the use or operation of a range on the basis of noise or noise pollution, if the range is in compliance with any noise control laws or ordinances that applied to the range and its operation at the time of construction or initial operation of the range.
(3) Rules or regulations adopted by any state department or agency for limiting levels of noise in terms of decibel level which may occur in the outdoor atmosphere do not apply to a sport shooting range exempted from liability under this act. However, this subsection does not restrict the application of any provision of the generally accepted operation practices.
History:
1989, Act 269, Imd. Eff. Dec. 26, 1989 ;-- Am. 1994, Act 250, Imd. Eff. July 5, 1994
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 269 of 1989 - Sport Shooting Ranges (691.1541 - 691.1544) › Section 691.1542a - Continuation of Preexisting Sport Shooting Ranges.

691.1542a Continuation of preexisting sport shooting ranges.
Sec. 2a.
(1) A sport shooting range that is operated and is not in violation of existing law at the time of the enactment of an ordinance shall be permitted to continue in operation even if the operation of the sport shooting range at a later date does not conform to the new ordinance or an amendment to an existing ordinance.
(2) A sport shooting range that is in existence as of the effective date of this section and operates in compliance with generally accepted operation practices, even if not in compliance with an ordinance of a local unit of government, shall be permitted to do all of the following within its preexisting geographic boundaries if in compliance with generally accepted operation practices:
(a) Repair, remodel, or reinforce any conforming or nonconforming building or structure as may be necessary in the interest of public safety or to secure the continued use of the building or structure.
(b) Reconstruct, repair, restore, or resume the use of a nonconforming building damaged by fire, collapse, explosion, act of god, or act of war occurring after the effective date of this section. The reconstruction, repair, or restoration shall be completed within 1 year following the date of the damage or settlement of any property damage claim. If reconstruction, repair, or restoration is not completed within 1 year, continuation of the nonconforming use may be terminated in the discretion of the local unit of government.
(c) Do anything authorized under generally accepted operation practices, including, but not limited to:
(i) Expand or increase its membership or opportunities for public participation.
(ii) Expand or increase events and activities.
History:
Add. 1994, Act 250, Imd. Eff. July 5, 1994
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 269 of 1989 - Sport Shooting Ranges (691.1541 - 691.1544) › Section 691.1543 - Local Regulation.

691.1543 Local regulation.
Sec. 3.
Except as otherwise provided in this act, this act does not prohibit a local unit of government from regulating the location, use, operation, safety, and construction of a sport shooting range.
History:
1989, Act 269, Imd. Eff. Dec. 26, 1989 ;-- Am. 1994, Act 250, Imd. Eff. July 5, 1994
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 269 of 1989 - Sport Shooting Ranges (691.1541 - 691.1544) › Section 691.1544 - Acceptance of Risk.

691.1544 Acceptance of risk.
Sec. 4.
Each person who participates in sport shooting at a sport shooting range that conforms to generally accepted operation practices accepts the risks associated with the sport to the extent the risks are obvious and inherent. Those risks include, but are not limited to, injuries that may result from noise, discharge of a projectile or shot, malfunction of sport shooting equipment not owned by the shooting range, natural variations in terrain, surface or subsurface snow or ice conditions, bare spots, rocks, trees, and other forms of natural growth or debris.
History:
Add. 1994, Act 251, Imd. Eff. July 5, 1994
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 260 of 1988 - Community Dispute Resolution Act (691.1551 - 691.1564) › Section 691.1551 - Short Title.

691.1551 Short title.
Sec. 1.
This act shall be known and may be cited as the "community dispute resolution act".
History:
1988, Act 260, Eff. Nov. 13, 1988
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 260 of 1988 - Community Dispute Resolution Act (691.1551 - 691.1564) › Section 691.1552 - Definitions.

691.1552 Definitions.
Sec. 2.
As used in this act:
(a) "Administrative expenses" means expenses incurred by the state court administrator in implementing this act.
(b) "Available grant funds" means that portion of the community dispute resolution fund available for awards to grant recipients, after administrative expenses have been met.
(c) "Center" means a community-based dispute resolution center.
(d) "Fund" means the community dispute resolution fund.
(e) "Grant recipient" means a nonprofit or governmental organization that receives funds to operate a center pursuant to this act.
(f) "Mediator" means an impartial, neutral person who assists parties in voluntarily reaching their own settlement of issues in a dispute and who has no authoritative decision-making power.
(g) "Program" means the community dispute resolution program created by this act.
History:
1988, Act 260, Eff. Nov. 13, 1988 ;-- Am. 1993, Act 286, Imd. Eff. Dec. 28, 1993
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 260 of 1988 - Community Dispute Resolution Act (691.1551 - 691.1564) › Section 691.1553 - Community Dispute Resolution Program; Creation; Purpose.

691.1553 Community dispute resolution program; creation; purpose.
Sec. 3.
The community dispute resolution program is created to provide conciliation, mediation, or other forms and techniques of voluntary dispute resolution to persons as an alternative to the judicial process.
History:
1988, Act 260, Eff. Nov. 13, 1988 ;-- Am. 1993, Act 286, Imd. Eff. Dec. 28, 1993
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 260 of 1988 - Community Dispute Resolution Act (691.1551 - 691.1564) › Section 691.1554 - Community Dispute Resolution Fund; Creation; Purpose; Administration.

691.1554 Community dispute resolution fund; creation; purpose; administration.
Sec. 4.
The program shall be funded by the community dispute resolution fund which is created in the state treasury and shall be administered by the state court administrator.
History:
1988, Act 260, Eff. Nov. 13, 1988
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 260 of 1988 - Community Dispute Resolution Act (691.1551 - 691.1564) › Section 691.1555 - Revenues, Funds, and Interest Credited to Fund.

691.1555 Revenues, funds, and interest credited to fund.
Sec. 5.
(1) The department of treasury shall credit to the fund the revenues received pursuant to sections 2528, 2529, 5756, 8371, and 8420 of the revised judicature act of 1961, Act No. 236 of the Public Acts of 1961, being sections 600.2528, 600.2529, 600.5756, 600.8371, and 600.8420 of the Michigan Compiled Laws.
(2) The department of treasury shall credit to the fund any funds appropriated by the legislature and any federal or private funds received by the state for the purpose of implementing this act. Money in the fund at the end of the fiscal year shall remain in the fund, and shall not revert to the general fund.
(3) Interest generated by revenues in the community dispute resolution fund shall be credited to the community dispute resolution fund by the department of treasury and shall be used exclusively for purposes of this act.
History:
1988, Act 260, Eff. Nov. 13, 1988 ;-- Am. 1993, Act 286, Imd. Eff. Dec. 28, 1993
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 260 of 1988 - Community Dispute Resolution Act (691.1551 - 691.1564) › Section 691.1556 - Participation in Dispute Resolution Process.

691.1556 Participation in dispute resolution process.
Sec. 6.
(1) Participation in the dispute resolution process shall be voluntary and the form or technique utilized shall be by mutual agreement of the parties.
(2) Subject to subsection (1), a court may refer the parties to a civil action to a center funded under this act. The court shall not require that the parties to the civil action reach a settlement of the civil action through any dispute resolution process utilized at the center.
History:
1988, Act 260, Eff. Nov. 13, 1988 ;-- Am. 1993, Act 286, Imd. Eff. Dec. 28, 1993
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 260 of 1988 - Community Dispute Resolution Act (691.1551 - 691.1564) › Section 691.1556a - Agreement; Enforcement.

691.1556a Agreement; enforcement.
Sec. 6a.
If the parties involved in a dispute resolution process reach a settlement and execute a written agreement, the agreement is enforceable in the same manner as any other written contract.
History:
Add. 1993, Act 286, Imd. Eff. Dec. 28, 1993
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 260 of 1988 - Community Dispute Resolution Act (691.1551 - 691.1564) › Section 691.1556b - Repealed. 1993, Act 286, Eff. Jan. 1, 1996.

691.1556b Repealed. 1993, Act 286, Eff. Jan. 1, 1996.
Compiler's Notes:
The repealed section pertained to pilot projects.
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 260 of 1988 - Community Dispute Resolution Act (691.1551 - 691.1564) › Section 691.1557 - Confidentiality.

691.1557 Confidentiality.
Sec. 7.
(1) The work product and case files of a mediator or center and communications relating to the subject matter of the dispute made during the dispute resolution process by a party, mediator, or other person are confidential and not subject to disclosure in a judicial or administrative proceeding except for either of the following:
(a) Work product, case files, or communications for which all parties to the dispute resolution process agree in writing to waive confidentiality.
(b) Work product, case files, or communications which are used in a subsequent action between the mediator and a party to the dispute resolution process for damages arising out of the dispute resolution process.
(2) Subsection (1) does not apply to statements, memoranda, materials, and other tangible evidence, otherwise subject to discovery, that were not prepared specifically for use in the dispute resolution process.
History:
1988, Act 260, Eff. Nov. 13, 1988 ;-- Am. 1993, Act 286, Imd. Eff. Dec. 28, 1993
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 260 of 1988 - Community Dispute Resolution Act (691.1551 - 691.1564) › Section 691.1557a - Civil Liability.

691.1557a Civil liability.
Sec. 7a.
A mediator of a community dispute resolution center shall not be held liable for civil damages for any act or omission in the scope of his or her employment or function as a mediator, unless he or she acted in bad faith or with malicious purpose or in a manner exhibiting wanton and willful disregard of the rights, safety, or property of another.
History:
Add. 1993, Act 286, Imd. Eff. Dec. 28, 1993
2023 Michigan Compiled Laws › Chapter 691 - Judiciary › Act 260 of 1988 - Community Dispute Resolution Act (691.1551 - 691.1564) › Section 691.1558 - Administration of Program.

691.1558 Administration of program.
Sec. 8.
This program shall be administered through community dispute resolution centers operated by grant recipients pursuant to a grant contract awarded by the state court administrator.
History:
1988, Act 260, Eff. Nov. 13, 1988