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MI SB0961

MI SB0961
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).


summary

Introduced
03/15/2022
In Committee
03/15/2022
Crossed Over
Passed
Dead
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)

Last Action

Referred To Committee On Judiciary And Public Safety (on 03/15/2022)

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