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Michigan

Michigan Compiled Laws Annotated. Chapter 600. Revised Judicature Act of 1961. Chapter 58. Limitation of Actions. 600.5805. Injuries to persons or property

Statute Details
Printable Version
Citation: M.C.L.A. 600.5805

Citation: MI ST 600.5805


Last Checked by Web Center Staff: 01/2014

Summary:  

This Michigan statute outlines the statute of limitations for injuries to persons or property.  Under the statute, actions for malpractice have a two-year statute of limitation. 



Statute in Full:

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) 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.

(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.

(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) Except as otherwise provided in this section, the period of limitations is 3 years after the time of the death or injury for all 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.

(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.

(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) An action against a state licensed architect or professional engineer or licensed professional surveyor arising from professional services rendered is an action charging malpractice subject to the period of limitation contained in subsection (6).

(15) The periods of limitation under this section are subject to any applicable period of repose established in section 5838a, 5838b, or 5839.[FN1]

(16) The amendments to this section made by 2011 PA 162 apply to causes of action that accrue on or after January 1, 2012.

(17) 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.

Credits
Amended by P.A.1986, No. 178, § 1, Eff. Oct. 1; P.A.1988, No. 115, § 1, Imd. Eff. May 2; P.A.2000, No. 2, Imd. Eff. Feb. 17, 2000; P.A.2000, No. 3, Imd. Eff. Feb. 17, 2000; P.A.2002, No. 715, Eff. March 31, 2003; P.A.2011, No. 162, Eff. Jan. 1, 2012; P.A.2012, No. 582, Imd. Eff. Jan. 2, 2013.

 

[FN1] M.C.L.A. § 600.5839.



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