reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-29 - Chapter 29 Provisions Concerning Specific Actions (600.2901...600.2979) › Section 600.2946a - Determination of Damages; Limitation.

600.2946a Determination of damages; limitation.
Sec. 2946a.
(1) In an action for product liability, the total amount of damages for noneconomic loss shall not exceed $280,000.00, unless the defect in the product caused either the person's death or permanent loss of a vital bodily function, in which case the total amount of damages for noneconomic loss shall not exceed $500,000.00. On the effective date of the amendatory act that added this section, the state treasurer shall adjust the limitations set forth in this subsection so that the limitations are equal to the limitations provided in section 1483. After that date, the state treasurer shall adjust the limitations set forth in this subsection at the end of each calendar year so that they continue to be equal to the limitations provided in section 1483.
(2) In awarding damages in a product liability action, the trier of fact shall itemize damages into economic and noneconomic losses. Neither the court nor counsel for a party shall inform the jury of the limitations under subsection (1). The court shall adjust an award of noneconomic loss to conform to the limitations under subsection (1).
(3) The limitation on damages under subsection (1) for death or permanent loss of a vital bodily function does not apply to a defendant if the trier of fact determines by a perponderance of the evidence that the death or loss was the result of the defendant's gross negligence, or if the court finds that the matters stated in section 2949a are true.
(4) If damages for economic loss cannot readily be ascertained by the trier of fact, then the trier of fact shall calculate damages for economic loss based on an amount that is equal to the state average median family income as reported in the immediately preceding federal decennial census and adjusted by the state treasurer in the same manner as provided in subsection (1).
History:
Add. 1995, Act 249, Eff. Mar. 28, 1996
Compiler's Notes:
In subsection (3), the word “perponderance” evidently should read “preponderance.”
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-29 - Chapter 29 Provisions Concerning Specific Actions (600.2901...600.2979) › Section 600.2947 - Product Liability Action; Liability of Manufacturer or Seller.

600.2947 Product liability action; liability of manufacturer or seller.
Sec. 2947.
(1) A manufacturer or seller is not liable in a product liability action for harm caused by an alteration of the product unless the alteration was reasonably foreseeable. Whether there was an alteration of a product and whether an alteration was reasonably foreseeable are legal issues to be resolved by the court.
(2) A manufacturer or seller is not liable in a product liability action for harm caused by misuse of a product unless the misuse was reasonably foreseeable. Whether there was misuse of a product and whether misuse was reasonably foreseeable are legal issues to be resolved by the court.
(3) A manufacturer or seller is not liable in a product liability action if the purchaser or user of the product was aware that use of the product created an unreasonable risk of personal injury and voluntarily exposed himself or herself to that risk and the risk that he or she exposed himself or herself to was the proximate cause of the injury. This subsection does not relieve a manufacturer or seller from a duty to use reasonable care in a product's production.
(4) Except to the extent a state or federal statute or regulation requires a manufacturer to warn, a manufacturer or seller is not liable in a product liability action for failure to provide an adequate warning if the product is provided for use by a sophisticated user.
(5) A manufacturer or seller is not liable in a product liability action if the alleged harm was caused by an inherent characteristic of the product that cannot be eliminated without substantially compromising the product's usefulness or desirability, and that is recognized by a person with the ordinary knowledge common to the community.
(6) In a product liability action, a seller other than a manufacturer is not liable for harm allegedly caused by the product unless either of the following is true:
(a) The seller failed to exercise reasonable care, including breach of any implied warranty, with respect to the product and that failure was a proximate cause of the person's injuries.
(b) The seller made an express warranty as to the product, the product failed to conform to the warranty, and the failure to conform to the warranty was a proximate cause of the person's harm.
History:
Add. 1978, Act 495, Eff. Dec. 13, 1978 ;-- Am. 1995, Act 249, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-29 - Chapter 29 Provisions Concerning Specific Actions (600.2901...600.2979) › Section 600.2948 - Death or Injury; Warnings as Evidence.

600.2948 Death or injury; warnings as evidence.
Sec. 2948.
(1) Evidence is admissible in a product liability action that, before the death of the person or injury to the person or damage to property, pamphlets, booklets, labels, or other written warnings were provided that gave notice to foreseeable users of the material risk of injury, death, or damage connected with the foreseeable use of the product or provided instructions as to the foreseeable uses, applications, or limitations of the product that the defendant knew or should have known.
(2) A defendant is not liable for failure to warn of a material risk that is or should be obvious to a reasonably prudent product user or a material risk that is or should be a matter of common knowledge to persons in the same or similar position as the person upon whose injury or death the claim is based in a product liability action.
(3) In a product liability action brought against a manufacturer or seller for harm allegedly caused by a failure to provide adequate warnings or instructions, a manufacturer or seller is not liable unless the plaintiff proves that the manufacturer knew or should have known about the risk of harm based on the scientific, technical, or medical information reasonably available at the time the specific unit of the product left the control of the manufacturer.
(4) This section does not limit a manufacturer's or seller's duty to use reasonable care in relation to a product after the product has left the manufacturer's or seller's control.
History:
Add. 1978, Act 495, Eff. Dec. 13, 1978 ;-- Am. 1995, Act 161, Eff. Mar. 28, 1996 ;-- Am. 1995, Act 249, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-29 - Chapter 29 Provisions Concerning Specific Actions (600.2901...600.2979) › Section 600.2949 - Repealed. 1995, Act 249, Eff. Mar. 28, 1996.

600.2949 Repealed. 1995, Act 249, Eff. Mar. 28, 1996.
Compiler's Notes:
The repealed section pertained to contributory negligence, diminishment of damages, and frivolous claim or defense.
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-29 - Chapter 29 Provisions Concerning Specific Actions (600.2901...600.2979) › Section 600.2949a - Knowledge of Defective Product.

600.2949a Knowledge of defective product.
Sec. 2949a.
In a product liability action, if the court determines that at the time of manufacture or distribution the defendant had actual knowledge that the product was defective and that there was a substantial likelihood that the defect would cause the injury that is the basis of the action, and the defendant willfully disregarded that knowledge in the manufacture or distribution of the product, then sections 2946(4), 2946a, 2947(1) to (4), and 2948(2) do not apply.
History:
Add. 1995, Act 249, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-29 - Chapter 29 Provisions Concerning Specific Actions (600.2901...600.2979) › Section 600.2949b - Automated Motor Vehicle; Liability of Manufacturer, Subcomponent System Producer, or Motor Vehicle Mechanic or Motor Vehicle Repair Facility; Applicability of MCL 600.2945 to 600.2949a; Definitions.

600.2949b Automated motor vehicle; liability of manufacturer, subcomponent system producer, or motor vehicle mechanic or motor vehicle repair facility; applicability of MCL 600.2945 to 600.2949a; definitions.
Sec. 2949b.
(1) The manufacturer of a vehicle is not liable and must be dismissed from any action for alleged damages resulting from any of the following unless the defect from which the damages resulted was present in the vehicle when it was manufactured:
(a) The conversion or attempted conversion of the vehicle into an automated motor vehicle by another person.
(b) The installation of equipment in the vehicle by another person to convert it into an automated motor vehicle.
(c) The modification by another person of equipment that was installed by the manufacturer in an automated motor vehicle specifically for using the vehicle in automatic mode.
(2) A subcomponent system producer recognized as described in section 244 of the Michigan vehicle code, 1949 PA 300, MCL 257.244, is not liable in a product liability action for damages resulting from the modification of equipment installed by the subcomponent system producer to convert a vehicle to an automated motor vehicle unless the defect from which the damages resulted was present in the equipment when it was installed by the subcomponent system producer.
(3) A motor vehicle mechanic or a motor vehicle repair facility that repairs an automated motor vehicle according to specifications from the manufacturer of the automated motor vehicle is not liable in a product liability action for damages resulting from the repairs.
(4) Sections 2945 to 2949a do not apply in a product liability action to the extent that they are inconsistent with this section.
(5) As used in this section:
(a) "Automated motor vehicle" means that term as defined in section 2b of the Michigan vehicle code, 1949 PA 300, MCL 257.2b.
(b) "Automatic mode" means that term as defined in section 2b of the Michigan vehicle code, 1949 PA 300, MCL 257.2b.
(c) "Motor vehicle mechanic" means that term as defined in section 2 of the motor vehicle service and repair act, 1974 PA 300, MCL 257.1302.
(d) "Motor vehicle repair facility" means that term as defined in section 2 of the motor vehicle service and repair act, 1974 PA 300, MCL 257.1302.
(e) "Vehicle" means that term as defined in section 79 of the Michigan vehicle code, 1949 PA 300, MCL 257.79.
History:
Add. 2013, Act 251, Imd. Eff. Dec. 27, 2013 ;-- Am. 2016, Act 335, Eff. Mar. 9, 2017
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-29 - Chapter 29 Provisions Concerning Specific Actions (600.2901...600.2979) › Section 600.2950b - Forms; Liability of Individual Providing Assistance.

600.2950b Forms; liability of individual providing assistance.
Sec. 2950b.
(1) The state court administrative office shall develop and make available forms for use by an individual who wishes to proceed without an attorney. The forms shall include at least a petition for relief, a notice of hearing, and proof of service for a personal protection order under section 2950 or 2950a. The forms shall be written in plain English in a simple and easily understood format, and shall be limited, if practicable, to 1 page in length. Instructions for the forms shall be written in plain English and shall include a simple and easily understood explanation of the proper method of service and filing of the proof of service.
(2) The standard personal protection order form, at a minimum, shall contain all of the information required under section 2950 or 2950a.
(3) The state court administrative office shall develop and make available standardized forms for use by individuals restrained or enjoined without notice to move to modify or to rescind a personal protection order and to request a hearing.
(4) The court shall provide a form prepared under this section without charge. Upon request, the court may provide assistance, but not legal assistance, to an individual in completing a form prepared under this section and the personal protection order form if the court issues such an order, and may instruct the individual regarding the requirements for proper service of the order.
(5) To the extent not protected by the immunity conferred by 1964 PA 170, MCL 691.1401 to 691.1415, an individual other than a court employee who provides assistance under section 2950c is presumed to be acting in good faith and is not liable in a civil action for damages for acts or omissions in providing the assistance, except acts or omissions amounting to gross negligence or willful and wanton misconduct.
History:
Add. 1994, Act 61, Eff. July 1, 1994 ;-- Am. 1994, Act 403, Eff. Apr. 1, 1995 ;-- Am. 2000, Act 112, Eff. July 1, 2000
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-29 - Chapter 29 Provisions Concerning Specific Actions (600.2901...600.2979) › Section 600.2950c - Assistance With Personal Protection Order; Domestic Violence Victim Advocate.

600.2950c Assistance with personal protection order; domestic violence victim advocate.
Sec. 2950c.
(1) The family division of the circuit court in each county may provide a domestic violence victim advocate to assist victims of domestic violence in obtaining a personal protection order. The court may use the services of a public or private agency or organization that has a record of service to victims of domestic violence to provide the assistance. A domestic violence victim advocate may provide, but is not limited to providing, all of the following assistance:
(a) Informing a victim of the availability of, and assisting the victim in obtaining, serving, modifying, or rescinding, a personal protection order.
(b) Providing an interpreter for a case involving domestic violence including a request for a personal protection order.
(c) Informing a victim of the availability of shelter, safety plans, counseling, other social services, and generic written materials about Michigan law.
(2) Notwithstanding subsection (1), a domestic violence victim advocate shall not represent or advocate for a domestic violence victim in court.
(3) Providing assistance in accordance with this section does not violate section 916.
History:
Add. 2000, Act 112, Eff. July 1, 2000
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-29 - Chapter 29 Provisions Concerning Specific Actions (600.2901...600.2979) › Section 600.2950h - Definitions.

600.2950h Definitions.
Sec. 2950h.
As used in this section and sections 2950i, 2950j, 2950k, 2950l, and 2950m:
(a) "Foreign protection order" means an injunction or other order issued by a court of another state, Indian tribe, or United States territory for the purpose of preventing a person's violent or threatening acts against, harassment of, contact with, communication with, or physical proximity to another person. Foreign protection order includes temporary and final orders issued by civil and criminal courts (other than a support or child custody order issued pursuant to state divorce and child custody laws, except to the extent that such an order is entitled to full faith and credit under other federal law), whether obtained by filing an independent action or by joining a claim to an action, if a civil order was issued in response to a complaint, petition, or motion filed by or on behalf of a person seeking protection.
(b) "LEIN" means the law enforcement information network regulated under the L.E.I.N. policy council act of 1974, 1974 PA 163, MCL 28.211 to 28.216.
(c) "NCIC protection order file" means the national crime information center protection order file maintained by the United States department of justice, federal bureau of investigation.
History:
Add. 2001, Act 206, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-29 - Chapter 29 Provisions Concerning Specific Actions (600.2901...600.2979) › Section 600.2950i - Foreign Protection Order; Validity; Affirmative Defenses.

600.2950i Foreign protection order; validity; affirmative defenses.
Sec. 2950i.
(1) A foreign protection order is valid if all of the following conditions are met:
(a) The issuing court had jurisdiction over the parties and subject matter under the laws of the issuing state, tribe, or territory.
(b) Reasonable notice and opportunity to be heard is given to the respondent sufficient to protect the respondent's right to due process. In the case of ex parte orders, notice and opportunity to be heard must be provided to the respondent within the time required by state or tribal law, and in any event within a reasonable time after the order is issued, sufficient to protect the respondent's due process rights.
(2) All of the following may be affirmative defenses to any charge or process filed seeking enforcement of a foreign protection order:
(a) Lack of jurisdiction by the issuing court over the parties or subject matter.
(b) Failure to provide notice and opportunity to be heard.
(c) Lack of filing of a complaint, petition, or motion by or on behalf of a person seeking protection in a civil foreign protection order.
History:
Add. 2001, Act 206, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-29 - Chapter 29 Provisions Concerning Specific Actions (600.2901...600.2979) › Section 600.2950j - Foreign Protection Order; Subject to Full Faith and Credit and Enforcement; Child Custody or Support Provision.

600.2950j Foreign protection order; subject to full faith and credit and enforcement; child custody or support provision.
Sec. 2950j.
(1) A valid foreign protection order shall be accorded full faith and credit by the court and shall be subject to the same enforcement procedures and penalties as if it were issued in this state.
(2) A child custody or support provision within a valid foreign protection order shall be accorded full faith and credit by the court and shall be subject to the same enforcement procedures and penalties as any provision within a personal protection order issued in this state. This subsection shall not be construed to preclude law enforcement officers' compliance with the child protection law, 1975 PA 238, MCL 722.621 to 722.638.
History:
Add. 2001, Act 206, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-29 - Chapter 29 Provisions Concerning Specific Actions (600.2901...600.2979) › Section 600.2950k - Foreign Protection Order; Issuance Against Petitioner and Respondent; Conditions; “Spouse or Intimate Partner” Defined.

600.2950k Foreign protection order; issuance against petitioner and respondent; conditions; “spouse or intimate partner” defined.
Sec. 2950k.
(1) A foreign protection order sought by a petitioner against a spouse or intimate partner and issued against both the petitioner and respondent is entitled to full faith and credit against the respondent and is enforceable against the respondent.
(2) A foreign protection order sought by a petitioner against a spouse or intimate partner and issued against both the petitioner and respondent is not entitled to full faith and credit and is not enforceable against the petitioner unless both of the following conditions are met:
(a) The respondent filed a cross- or counter-petition, complaint, or other written pleading seeking the foreign protection order.
(b) The issuing court made specific findings against both the petitioner and the respondent and determined that each party was entitled to relief.
(3) For purposes of this section, "spouse or intimate partner" means all of the following:
(a) Spouse.
(b) Former spouse.
(c) An individual with whom petitioner has had a child in common.
(d) An individual residing or having resided in the same household as petitioner.
(e) An individual with whom petitioner has or has had a dating relationship as that term is defined in section 2950.
History:
Add. 2001, Act 206, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-29 - Chapter 29 Provisions Concerning Specific Actions (600.2901...600.2979) › Section 600.2950m - Foreign Protection Order; Violation as Misdemeanor; Penalty.

600.2950m Foreign protection order; violation as misdemeanor; penalty.
Sec. 2950m.
A person who violates a foreign protection order that is a conditional release order or a probation order issued by a court in a criminal proceeding is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of $500.00, or both.
History:
Add. 2001, Act 197, Eff. Apr. 1, 2002
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-29 - Chapter 29 Provisions Concerning Specific Actions (600.2901...600.2979) › Section 600.2950n - Order to Transfer Billing and Rights to Wireless Telephone Number to Petitioner; Conditions; Forms.

600.2950n Order to transfer billing and rights to wireless telephone number to petitioner; conditions; forms.
Sec. 2950n.
(1) In an action described in section 2950(1) or 2950a(1), or in another action if the respondent in the action has been ordered, in a separate criminal case, to have no contact with the petitioner or a minor child of whom the petitioner has legal custody, the court may enter an order to allow the petitioner to maintain an existing wireless telephone number, or the wireless telephone number of a minor child of whom the petitioner has legal custody, if the petitioner is not the named customer, by ordering the wireless telephone service provider to transfer the billing responsibility for and rights to the wireless telephone number to the petitioner.
(2) An order issued under subsection (1) must list the name and billing telephone number of the named customer, the name and telephone number of the petitioner, and each telephone number to be transferred to the petitioner. The court shall ensure that the contact information of the petitioner is not provided to the customer or respondent.
(3) This section and section 2950o do not affect the ability of the court to determine the temporary use, possession, and control of personal property or to apportion the assets and debts of the parties as otherwise provided by law.
(4) The state court administrative office shall develop any forms necessary to effectuate this section and section 2950o.
History:
Add. 2016, Act 269, Eff. Sept. 29, 2016
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-29 - Chapter 29 Provisions Concerning Specific Actions (600.2901...600.2979) › Section 600.2950o - Order Issued Under MCL 600.2950n; Service; Inability of Wireless Telephone Service Provider to Effectuate Order; Notice; Suspension of Order; Assumption of Financial Responsibility by Petitioner; Application of Requirements for Establishment of Service; Liability of Provider and Employees.

600.2950o Order issued under MCL 600.2950n; service; inability of wireless telephone service provider to effectuate order; notice; suspension of order; assumption of financial responsibility by petitioner; application of requirements for establishment of service; liability of provider and employees.
Sec. 2950o.
(1) An order issued under section 2950n must be served on the wireless telephone service provider as required under the Michigan court rules.
(2) If the wireless telephone service provider cannot operationally or technically effectuate an order issued under section 2950n because of any of the following circumstances, the wireless telephone service provider shall so notify the petitioner within 72 hours after the wireless telephone service provider receives the order:
(a) The customer has terminated service for the number.
(b) Differences in network technology prevent the functionality of a device on the network.
(c) There are geographic or other limitations on network or service availability.
(d) Any other circumstance that prevents the order from being operationally or technically effectuated.
(3) If a wireless telephone service provider notifies a petitioner under subsection (2), the order issued under section 2950n is automatically suspended.
(4) On transfer of billing responsibility for and rights to a wireless telephone number to a petitioner by a wireless telephone service provider under section 2950n and this section, the petitioner shall assume all financial responsibility for service to the transferred number, monthly service costs, and costs for any mobile device associated with the number.
(5) Section 2950n and this section do not preclude a wireless telephone service provider from applying any routine and customary requirements for the establishment of service to the petitioner as part of a transfer of billing responsibility for a wireless telephone number and any devices associated with the number, including, but not limited to, identification, financial information, and customer preferences.
(6) A wireless telephone service provider and its employees and agents are not liable for any actions taken in accordance with this section or a court order issued under section 2950n.
History:
Add. 2016, Act 270, Eff. Sept. 29, 2016
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-29 - Chapter 29 Provisions Concerning Specific Actions (600.2901...600.2979) › Section 600.2951 - “Approved Signaling Device” and “Pistol” Defined; Use of Approved Signaling Device; Strict Liability for Damages; Exception.

600.2951 “Approved signaling device” and “pistol” defined; use of approved signaling device; strict liability for damages; exception.
Sec. 2951.
(1) As used in this section:
(a) "Approved signaling device" means a pistol that is a signaling device approved by the United States coast guard under regulations issued under 46 USC 3306 or under 46 USC 4302, or predecessor statutes, and including, but not limited to, 46 CFR parts 160 and 161.
(b) "Pistol" means a firearm, loaded or unloaded, 26 inches or less in length, or any firearm, loaded or unloaded, that by its construction and appearance conceals it as a firearm.
(2) A person who uses an approved signaling device shall be strictly liable for any damages caused to person or property by that use unless the person reasonably believes that its use is necessary for the safety of himself or herself or of another person on the waters of this state or in an aircraft.
History:
Add. 1982, Act 186, Eff. July 1, 1982 ;-- Am. 2012, Act 244, Eff. Jan. 1, 2013
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-29 - Chapter 29 Provisions Concerning Specific Actions (600.2901...600.2979) › Section 600.2953a - Motion Picture Recording Violation.

600.2953a Motion picture recording violation.
Sec. 2953a.
(1) A person who commits an act that constitutes a motion picture recording violation is liable to a person injured by the violation for 1 or more of the following:
(a) Actual damages.
(b) Exemplary damages of not more than $1,000.00.
(c) If the person who committed the violation was acting for direct or indirect commercial advantage or financial gain, exemplary damages of not more than $50,000.00.
(d) Reasonable attorney fees and costs.
(2) If a person who commits an act that constitutes a motion picture recording violation is an unemancipated minor who lives with his or her parent or parents, the parent or parents are also liable to a person injured by the violation for damages allowable under this section.
(3) A person injured by a motion picture recording violation may recover damages described in subsection (1) only if a formal incident report that contains factual allegations that the defendant committed a motion picture recording violation is filed with a local law enforcement agency with jurisdiction over the location where the violation took place. However, recovery under this section is not dependent on the outcome of a criminal prosecution.
(4) A person injured by a motion picture recording violation may bring an action to enjoin a person from the unauthorized recording, receipt, or transmission of a recording or transmission of a motion picture or a part of a motion picture obtained or made by a motion picture recording violation or from committing a motion picture recording violation. A person may bring an action under this subsection regardless of whether the person has suffered or will suffer actual damages.
(5) An action under this section is in addition to any other criminal or civil penalties or remedies provided by law.
(6) As used in this section:
(a) "Motion picture recording violation" means a violation of section 465a of the Michigan penal code, 1931 PA 328, MCL 750.465a.
(b) "A person injured by a motion picture recording violation" includes, but is not limited to, the owner or lessee of the theatrical facility where the motion picture that is the subject of the violation was being shown.
History:
Add. 2004, Act 450, Eff. Mar. 28, 2005
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-29 - Chapter 29 Provisions Concerning Specific Actions (600.2901...600.2979) › Section 600.2954 - Maintaining Civil Action Against Individual Engaging in Prohibited Conduct; “Victim” Defined.

600.2954 Maintaining civil action against individual engaging in prohibited conduct; “victim” defined.
Sec. 2954.
(1) A victim may maintain a civil action against an individual who engages in conduct that is prohibited under section 411h or 411i of the Michigan penal code, Act No. 328 of the Public Acts of 1931, being sections 750.411h and 750.411i of the Michigan Compiled Laws, for damages incurred by the victim as a result of that conduct. A victim may also seek and be awarded exemplary damages, costs of the action, and reasonable attorney fees in an action brought under this section.
(2) A civil action may be maintained under subsection (1) whether or not the individual who is alleged to have engaged in conduct prohibited under section 411h or 411i of Act No. 328 of the Public Acts of 1931 has been charged or convicted under section 411h or 411i of Act No. 328 of the Public Acts of 1931 for the alleged violation.
(3) As used in this section, "victim" means that term as defined in section 411h of Act No. 328 of the Public Acts of 1931.
History:
Add. 1992, Act 262, Eff. Jan. 1, 1993
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-29 - Chapter 29 Provisions Concerning Specific Actions (600.2901...600.2979) › Section 600.2955 - Scientific or Expert Opinion or Evidence; Admissibility.

600.2955 Scientific or expert opinion or evidence; admissibility.
Sec. 2955.
(1) In an action for the death of a person or for injury to a person or property, a scientific opinion rendered by an otherwise qualified expert is not admissible unless the court determines that the opinion is reliable and will assist the trier of fact. In making that determination, the court shall examine the opinion and the basis for the opinion, which basis includes the facts, technique, methodology, and reasoning relied on by the expert, and shall consider all of the following factors:
(a) Whether the opinion and its basis have been subjected to scientific testing and replication.
(b) Whether the opinion and its basis have been subjected to peer review publication.
(c) The existence and maintenance of generally accepted standards governing the application and interpretation of a methodology or technique and whether the opinion and its basis are consistent with those standards.
(d) The known or potential error rate of the opinion and its basis.
(e) The degree to which the opinion and its basis are generally accepted within the relevant expert community. As used in this subdivision, "relevant expert community" means individuals who are knowledgeable in the field of study and are gainfully employed applying that knowledge on the free market.
(f) Whether the basis for the opinion is reliable and whether experts in that field would rely on the same basis to reach the type of opinion being proffered.
(g) Whether the opinion or methodology is relied upon by experts outside of the context of litigation.
(2) A novel methodology or form of scientific evidence may be admitted into evidence only if its proponent establishes that it has achieved general scientific acceptance among impartial and disinterested experts in the field.
(3) In an action alleging medical malpractice, the provisions of this section are in addition to, and do not otherwise affect, the criteria for expert testimony provided in section 2169.
History:
Add. 1995, Act 249, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-29 - Chapter 29 Provisions Concerning Specific Actions (600.2901...600.2979) › Section 600.2955a - Impaired Ability to Function Due to Influence of Intoxicating Liquor or Controlled Substance as Absolute Defense; Definitions.

600.2955a Impaired ability to function due to influence of intoxicating liquor or controlled substance as absolute defense; definitions.
Sec. 2955a.
(1) It is an absolute defense in an action for the death of an individual or for injury to a person or property that the individual upon whose death or injury the action is based had an impaired ability to function due to the influence of intoxicating liquor or a controlled substance, and as a result of that impaired ability, the individual was 50% or more the cause of the accident or event that resulted in the death or injury. If the individual described in this subsection was less than 50% the cause of the accident or event, an award of damages shall be reduced by that percentage.
(2) As used in this section:
(a) "Controlled substance" means that term as defined in section 7104 of the public health code, Act No. 368 of the Public Acts of 1978, being section 333.7104 of the Michigan Compiled Laws.
(b) "Impaired ability to function due to the influence of intoxicating liquor or a controlled substance" means that, as a result of an individual drinking, ingesting, smoking, or otherwise consuming intoxicating liquor or a controlled substance, the individual's senses are impaired to the point that the ability to react is diminished from what it would be had the individual not consumed liquor or a controlled substance. An individual is presumed under this section to have an impaired ability to function due to the influence of intoxicating liquor or a controlled substance if, under a standard prescribed by section 625a of the Michigan vehicle code, Act No. 300 of the Public Acts of 1949, being section 257.625a of the Michigan Compiled Laws, a presumption would arise that the individual's ability to operate a vehicle was impaired.
History:
Add. 1995, Act 249, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-29 - Chapter 29 Provisions Concerning Specific Actions (600.2901...600.2979) › Section 600.2956 - Several and Joint Liability.

600.2956 Several and joint liability.
Sec. 2956.
Except as provided in section 6304, in an action based on tort or another legal theory seeking damages for personal injury, property damage, or wrongful death, the liability of each defendant for damages is several only and is not joint. However, this section does not abolish an employer's vicarious liability for an act or omission of the employer's employee.
History:
Add. 1995, Act 161, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-29 - Chapter 29 Provisions Concerning Specific Actions (600.2901...600.2979) › Section 600.2956a - Certificate of Employability as Evidence of Due Care.

600.2956a Certificate of employability as evidence of due care.
Sec. 2956a.
(1) In an action based on tort or another legal theory seeking damages for personal injury, property damage, or wrongful death, a certificate of employability issued to an individual under section 34d of the corrections code of 1953, 1953 PA 232, MCL 791.234d, may be introduced as evidence of a person's due care in hiring, retaining, licensing, leasing to, admitting to a school or program, or otherwise transacting business or engaging in activity with the individual to whom the certificate of employability was issued, if the person knew of the certificate at the time of hiring, retaining, licensing, leasing to, admitting to a school or program, or otherwise transacting business or engaging in activity with the individual.
(2) Except as otherwise provided in this subsection, in an action based on tort or another legal theory seeking damages for personal injury, property damage, or wrongful death, if a claim against an employer requires proof that the employer was negligent in hiring an individual by disregarding a prior criminal conviction, a certificate of employability issued to an individual under section 34d of the corrections code of 1953, 1953 PA 232, MCL 791.234d, conclusively establishes that the employer did not act negligently in hiring the individual, if the employer knew of the certificate at the time of hire.
(3) If an individual who has been issued a certificate of employability under section 34d of the corrections code of 1953, 1953 PA 232, MCL 791.234d, is hired and subsequently demonstrates that he or she is a danger to individuals or property or is convicted of or pleads guilty to a felony, an employer who retains the individual as an employee is not liable in a civil action that requires proof that the employer was negligent in retaining the individual as an employee unless a preponderance of the evidence establishes that the person having hiring and firing responsibility for the employer had actual knowledge that the individual was dangerous or that the individual had been convicted of or pleaded guilty to the subsequent felony, and the person was willful in retaining the individual as an employee.
(4) This section does not relieve an employer from a duty or requirement established in another law concerning a background check or verification that an individual is qualified for a position, and does not relieve the employer of liability arising from failure to comply with any such law.
(5) This section does not create any affirmative duty or otherwise alter an employer's obligation to or regarding an employee with a certificate of employability issued under section 34d of the corrections code of 1953, 1953 PA 232, MCL 791.234d.
History:
Add. 2014, Act 360, Eff. Jan. 1, 2015
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-29 - Chapter 29 Provisions Concerning Specific Actions (600.2901...600.2979) › Section 600.2957 - Determination and Allocation of Fault; Action Against Nonparty; Amendment of Pleading; Assessment of Fault Against Nonparty.

600.2957 Determination and allocation of fault; action against nonparty; amendment of pleading; assessment of fault against nonparty.
Sec. 2957.
(1) In an action based on tort or another legal theory seeking damages for personal injury, property damage, or wrongful death, the liability of each person shall be allocated under this section by the trier of fact and, subject to section 6304, in direct proportion to the person's percentage of fault. In assessing percentages of fault under this subsection, the trier of fact shall consider the fault of each person, regardless of whether the person is, or could have been, named as a party to the action.
(2) Upon motion of a party within 91 days after identification of a nonparty, the court shall grant leave to the moving party to file and serve an amended pleading alleging 1 or more causes of action against that nonparty. A cause of action added under this subsection is not barred by a period of limitation unless the cause of action would have been barred by a period of limitation at the time of the filing of the original action.
(3) Sections 2956 to 2960 do not eliminate or diminish a defense or immunity that currently exists, except as expressly provided in those sections. Assessments of percentages of fault for nonparties are used only to accurately determine the fault of named parties. If fault is assessed against a nonparty, a finding of fault does not subject the nonparty to liability in that action and shall not be introduced as evidence of liability in another action.
History:
Add. 1995, Act 161, Eff. Mar. 28, 1996 ;-- Am. 1995, Act 249, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-29 - Chapter 29 Provisions Concerning Specific Actions (600.2901...600.2979) › Section 600.2958 - Plaintiff's Contributory Fault Not as Bar to Recovery of Damages.

600.2958 Plaintiff's contributory fault not as bar to recovery of damages.
Sec. 2958.
Subject to section 2959, in an action based on tort or another legal theory seeking damages for personal injury, property damage, or wrongful death, a plaintiff's contributory fault does not bar that plaintiff's recovery of damages.
History:
Add. 1995, Act 161, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-29 - Chapter 29 Provisions Concerning Specific Actions (600.2901...600.2979) › Section 600.2959 - Comparative Fault; Reduced Damages.

600.2959 Comparative fault; reduced damages.
Sec. 2959.
In an action based on tort or another legal theory seeking damages for personal injury, property damage, or wrongful death, the court shall reduce the damages by the percentage of comparative fault of the person upon whose injury or death the damages are based as provided in section 6306 or 6306a, as applicable. If that person's percentage of fault is greater than the aggregate fault of the other person or persons, whether or not parties to the action, the court shall reduce economic damages by the percentage of comparative fault of the person upon whose injury or death the damages are based as provided in section 6306 or 6306a, as applicable, and noneconomic damages shall not be awarded.
History:
Add. 1995, Act 161, Eff. Mar. 28, 1996 ;-- Am. 2012, Act 608, Eff. Mar. 28, 2013
Compiler's Notes:
Enacting section 1 of Act 608 of 2012 provides:"Enacting section 1. Sections 1483, 2959, 6306, and 6307 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1483, 600.2959, 600.6306, and 600.6307, as amended by this amendatory act and section 6306a of the revised judicature act of 1961, 1961 PA 236, MCL 600.6306a, as added by this amendatory act apply only to actions in which the cause of action arose on or after the effective date of this amendatory act."
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-29 - Chapter 29 Provisions Concerning Specific Actions (600.2901...600.2979) › Section 600.2960 - Burden of Proof; Cause of Action.

600.2960 Burden of proof; cause of action.
Sec. 2960.
(1) The person seeking to establish fault under sections 2957 to 2959 has the burden of alleging and proving that fault.
(2) Sections 2957 to 2959 do not create a cause of action.
History:
Add. 1995, Act 161, Eff. Mar. 28, 1996
2023 Michigan Compiled Laws › Chapter 600 - Revised Judicature Act of 1961 › Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948) › 236-1961-29 - Chapter 29 Provisions Concerning Specific Actions (600.2901...600.2979) › Section 600.2962 - Malpractice Action Against Certified Public Accountant.

600.2962 Malpractice action against certified public accountant.
Sec. 2962.
(1) This section applies to an action for professional malpractice against a certified public accountant. A certified public accountant is liable for civil damages in connection with public accounting services performed by the certified public accountant only in 1 of the following situations:
(a) Subject to subsection (2), a negligent act, omission, decision, or other conduct of the certified public accountant if the claimant is the certified public accountant's client.
(b) An act, omission, decision, or conduct of the certified public accountant that constitutes fraud or an intentional misrepresentation.
(c) Subject to subsection (2), a negligent act, omission, decision, or other conduct of the certified public accountant if the certified public accountant was informed in writing directly by the client before commencement of the engagement that a primary intent of the client was for the professional public accounting services to benefit or influence the person bringing the action for civil damages. For the purposes of this subdivision, the certified public accountant shall also separately identify in writing directly to the client, before commencement of the engagement, each person, generic group, or class description that the certified public accountant intends to have rely on the services. The certified public accountant may be held liable only to each identified person, generic group, or class description. The certified public accountant's written identification shall include each person, generic group, or class description identified by the client as being benefited or influenced.
(2) A certified public accountant is not liable for civil damages in any of the following situations:
(a) The claimant is not the certified public accountant's client, but asserts standing to sue based on an assignment of the claim from the client to the claimant. This subdivision does not apply to an action arising out of an annual report required by the cemetery regulation act, 1968 PA 251, MCL 456.521 to 456.543, or the prepaid funeral and cemetery sales act, 1986 PA 255, MCL 328.211 to 328.235.
(b) The claimant is not the certified public accountant's client, but asserts standing to sue based on a voluntary surrender of assets or acquisition of the claim by means of foreclosure or surrender under any type of security agreement between the claimant and the client.
(c) The claimant is not the certified public accountant's client, but asserts standing to sue based on a writing referred to in subsection (1)(c) that was not signed by the client himself or herself, if an individual, or that was not signed by an officer, manager, or member of the client, if an entity.
History:
Add. 1995, Act 249, Eff. Mar. 28, 1996 ;-- Am. 2012, Act 268, Imd. Eff. July 3, 2012