January 27, 2009, Introduced by Senator SANBORN and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 5805 and 5839 (MCL 600.5805 and 600.5839),
section 5805 as amended by 2002 PA 715 and section 5839 as amended
by 1985 PA 188.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5805. (1) A person shall not bring or maintain an action
to recover damages for injuries to persons or property unless,
after the claim first accrued to the plaintiff or to someone
through whom the plaintiff claims, the action is commenced within
the periods of time prescribed by this section.
(2)
The Subject to subsections
(3) and (4), the period of
limitations is 2 years for an action charging assault, battery, or
false imprisonment.
(3) The period of limitations is 5 years for an action
charging assault or battery brought by a person who has been
assaulted or battered by his or her spouse or former spouse, an
individual with whom he or she has had a child in common, or a
person
with whom he or she resides or formerly resided. This
limitation
applies to causes of action arising on or after February
17,
2000 and to causes of action in which the period of limitations
described
in subsection (2) has not already expired as of February
17,
2000.
(4) The period of limitations is 5 years for an action
charging assault and battery brought by a person who has been
assaulted or battered by an individual with whom he or she has or
has
had a dating relationship. This limitation applies to causes of
action
arising on or after January 1,
2003 and to causes of action
in
which the period of limitations described in subsection (2) has
not
already expired as of January 1,
2003.
(5) The period of limitations is 2 years for an action
charging malicious prosecution.
(6) Except as otherwise provided in this chapter, the period
of limitations is 2 years for an action charging malpractice.
(7) The period of limitations is 2 years for an action against
a sheriff charging misconduct or neglect of office by the sheriff
or the sheriff's deputies.
(8) The period of limitations is 2 years after the expiration
of the year for which a constable was elected for actions based on
the constable's negligence or misconduct as constable.
(9) The period of limitations is 1 year for an action charging
libel or slander.
(10)
The Except as otherwise
provided in this section, the
period of limitations is 3 years after the time of the death or
injury
for all other actions to recover damages for the death of a
person, or for injury to a person or property.
(11) The period of limitations is 5 years for an action to
recover damages for injury to a person or property brought by a
person who has been assaulted or battered by his or her spouse or
former spouse, an individual with whom he or she has had a child in
common, or a person with whom he or she resides or formerly
resided.
This limitation applies to causes of action arising on or
after
February 17, 2000 and to causes of action in which the period
of
limitations described in subsection (10) has not already expired
as
of February 17, 2000.
(12) The period of limitations is 5 years for an action to
recover damages for injury to a person or property brought by a
person who has been assaulted or battered by an individual with
whom
he or she has or has had a dating relationship. This
limitation
applies to causes of action arising on or after January
1,
2003 and to causes of action in which the period of limitations
described
in subsection (2) has not already expired as of January
1,
2003.
(13) The period of limitations is 3 years for a products
liability action. However, in the case of a product that has been
in use for not less than 10 years, the plaintiff, in proving a
prima facie case, shall be required to do so without benefit of any
presumption.
(14) The period of limitations for an action against a state
licensed architect, professional engineer, land surveyor, or
contractor based on an improvement to real property shall be as
provided in this section, but the action shall not be commenced
later than the applicable period established in section 5839.
(15) As used in this section, "dating relationship" means
frequent, intimate associations primarily characterized by the
expectation of affectional involvement. Dating relationship does
not include a casual relationship or an ordinary fraternization
between 2 individuals in a business or social context.
Sec.
5839. (1) No A person may shall not maintain any an
action
to recover damages for any injury to property, real or
personal, or for bodily injury or wrongful death, arising out of
the defective and unsafe condition of an improvement to real
property,
nor any or an action for contribution or indemnity for
damages sustained as a result of such injury, against any state
licensed architect or professional engineer performing or
furnishing the design or supervision of construction of the
improvement,
or against any contractor making the improvement, more
than
6 unless the action is
commenced within either of the
following periods:
(a) Six years after the time of occupancy of the completed
improvement,
use, or acceptance of the improvement. , or 1 year
after
the defect is discovered or should have been discovered,
provided
that
(b) If the defect constitutes the proximate cause of the
injury or damage for which the action is brought and is the result
of gross negligence on the part of the contractor or licensed
architect or professional engineer, 1 year after the defect is
discovered
or should have been discovered.
However, no such an
action to which this subdivision applies shall not be maintained
more than 10 years after the time of occupancy of the completed
improvement, use, or acceptance of the improvement.
(2)
No A person may shall not maintain any an action
to
recover damages based on error or negligence of a state licensed
land surveyor in the preparation of a survey or report more than 6
years after the delivery of the survey or report to the person for
whom it was made or the person's agent.
(3)
As used in this section: , "state
(a) "Contractor" means an individual, corporation,
partnership, or other business entity that makes an improvement to
real property.
(b) "State licensed architect or professional engineer" or
"state
licensed land surveyor" means any an individual so licensed,
or
any a corporation, partnership, or other business entity
on
behalf of whom the state licensed architect, professional engineer,
or land surveyor is performing or directing the performance of the
architectural, professional engineering, or land surveying service.
(4)
As used in this section, "contractor" means an individual,
corporation,
partnership, or other business entity which makes an
improvement
to real property.
(5)
The amendments to subsection (1) added by this amendatory
act
shall not apply to any state licensed architect or professional
engineer
performing or furnishing the design or supervision of
construction
of an improvement if, prior to the effective date of
this
amendatory act, 6 or more years have expired after the time of
occupancy
of the completed improvement, use, or acceptance of the
improvement.
(6)
The changes to subsection (1) made by this 1985 amendatory
act
shall apply only to a cause of action which accrues on or after
the
effective date of this 1985 amendatory act and shall not apply
to
a cause of action which accrues before the effective date of
this
1985 amendatory act.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.