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Bill > SB0961
MI SB0961
MI SB0961Torts: product liability; limitation on liability for drugs that have been approved by federal Food and Drug Administration; rescind. Amends sec. 2946 of 1961 PA 236 (MCL 600.2946).
summary
Introduced
03/15/2022
03/15/2022
In Committee
03/15/2022
03/15/2022
Crossed Over
Passed
Dead
12/31/2022
12/31/2022
Introduced Session
101st Legislature
Bill Summary
Torts: product liability; limitation on liability for drugs that have been approved by federal Food and Drug Administration; rescind. Amends sec. 2946 of 1961 PA 236 (MCL 600.2946).
AI Summary
This bill amends Section 2946 of the Revised Judicature Act of 1961 in Michigan. The key provisions of the bill are:
1. It establishes that compliance with generally recognized and prevailing non-governmental standards is admissible as evidence in a product liability action.
2. It sets a standard for a manufacturer or seller to be liable in a product liability action for a production defect, requiring the plaintiff to prove the product was not reasonably safe and a practical and technically feasible alternative production practice was available.
3. It creates a rebuttable presumption that a manufacturer or seller is not liable if the aspect of the product that allegedly caused harm was in compliance with relevant federal or state statutes, regulations, or standards, though non-compliance does not raise a presumption of negligence.
4. It rescinds a previous provision that provided a complete defense to liability for a manufacturer or seller of a drug that was approved by the FDA, unless the manufacturer intentionally withheld or misrepresented information to the FDA or made an illegal payment to an FDA official.
Committee Categories
Justice
Sponsors (8)
Rosemary Bayer (D)*,
Marshall Bullock (D)*,
Stephanie Chang (D)*,
Curtis Hertel (D)*,
Jeff Irwin (D)*,
Dayna Polehanki (D)*,
Sylvia Santana (D)*,
Paul Wojno (D)*,
Last Action
Referred To Committee On Judiciary And Public Safety (on 03/15/2022)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location | Created |
|---|---|---|
| State Bill Page | http://legislature.mi.gov/doc.aspx?2022-SB-0961 | 03/16/2022 |
| BillText | http://www.legislature.mi.gov/documents/2021-2022/billintroduced/Senate/htm/2022-SIB-0961.htm | 03/16/2022 |
| Bill | http://www.legislature.mi.gov/documents/2021-2022/billintroduced/Senate/pdf/2022-SIB-0961.pdf | 03/16/2022 |
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