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MI HB5744

Bill

Official Source

Status

Introduced

1/13/2010

Primary Sponsor

Andrew Kandrevas

Click for details

Origin

House of Representatives

95th Legislature

AI Summary

  • Amends the Revised Judicature Act of 1961 to modify comparative fault rules in tort actions seeking damages for personal injury, property damage, or wrongful death
  • Requires courts to reduce damages by the plaintiff's percentage of comparative fault, and if the plaintiff's fault exceeds all defendants' combined fault, reduces only economic damages while eliminating noneconomic damages
  • Establishes that whether a condition is "open and obvious" may only be considered by the jury in assessing comparative fault, not as a defense to duty or any other legal issue
  • Changes current law to prevent defendants from using the open and obvious condition doctrine as a complete defense, limiting it to a factor in determining fault percentages

Legislative Description

Torts; defenses; openness and obviousness of condition; establish as issue of comparative fault only. Amends sec. 2959 of 1961 PA 236 (MCL 600.2959).

Torts, defenses

Last Action

Referred To Second Reading

6/30/2010

Committee Referrals

Judiciary1/13/2010

Full Bill Text

No bill text available