691.1601 Short title; purpose of act. Sec. 1. (1) This act shall be known and may be cited as the “drug dealer liability act”. (2) The purpose of this act is to provide for actions for civil damages against persons who participate in illegal marketing of controlled substances for injuries caused by illegal use of […]
691.1602 Meanings of words and phrases. Sec. 2. For the purposes of this act, the words and phrases defined in sections 3 and 4 have the meanings ascribed to them in those sections. History: 1994, Act 27, Eff. Apr. 1, 1994
691.1603 Definitions; C to L. Sec. 3. (1) “Controlled substance” means that term as defined in section 7104 of the public health code, Act No. 368 of the Public Acts of 1978, being section 333.7104 of the Michigan Compiled Laws. (2) “Individual abuser” means an individual who uses a controlled substance that is not obtained […]
691.1604 Definitions; M to S. Sec. 4. (1) “Market area” means the area in which a person is presumed to have participated in illegal marketing of a market area controlled substance as described in section 9. (2) “Market area controlled substance” means a specified controlled substance or marihuana. (3) “Participate in illegal marketing” means doing […]
691.1605 Action against participant in illegal marketing of controlled substances; person injured by individual abuser; presumption. Sec. 5. (1) A person injured by an individual abuser may bring an action under this act for damages against a person who participated in illegal marketing of the controlled substance actually used by the individual abuser. (2) If […]
691.1606 Action against participant in illegal marketing of controlled substance; recovery of damages by individual abuser; conditions. Sec. 6. (1) Subject to subsection (2), an individual abuser may bring an action under this act for damages against a person who participated in illegal marketing of the controlled substance actually used by the individual abuser. (2) […]
691.1607 Action against participant in illegal marketing of market area controlled substance; person injured by individual abuser; burden of proof; presumption. Sec. 7. (1) Other than an individual abuser, a person injured by an individual abuser may bring an action for damages against a person who participated in illegal marketing of the market area controlled […]
691.1608 Proof of participation in illegal marketing of market area controlled substance; “market area” explained. Sec. 8. (1) A plaintiff under section 7 may prove that a defendant participated in illegal marketing of the market area controlled substance used by the individual abuser who injured the plaintiff by proving both of the following: (a) The […]
691.1609 Participation in illegal marketing of controlled substance; presumptions. Sec. 9. (1) If a defendant under this act has a criminal conviction under state or federal law for an act that constitutes participation in illegal marketing of a controlled substance under this act, that person is conclusively presumed to have participated in illegal marketing of […]
691.1610 Recovery of damages, attorney fees, and costs; payment by third party. Sec. 10. (1) A person other than an individual abuser who is entitled to a recovery under this act may recover economic, noneconomic, and exemplary damages and reasonable attorney fees and costs, including, but not limited to, reasonable expenses for expert testimony. An […]
691.1611 Writ of attachment; affidavit; hearing; eligibility to exempt property; judgment not subject to discharge under bankruptcy law; use of seized asset to satisfy judgment. Sec. 11. (1) After commencing an action under this act and subject to subsection (4), a plaintiff may seek a writ of attachment by filing an ex parte motion supported […]
691.1612 Cause of action; accrual; tolling of statute of limitations. Sec. 12. Except as otherwise provided in this section, a cause of action accrues under this act when a person who may recover has reason to know of the harm from use of an illegally marketed controlled substance that is the basis for the cause […]
691.1613 Representation by prosecuting attorney; stay of action; actions against law enforcement officer, agency, or certain persons prohibited. Sec. 13. (1) A prosecuting attorney may represent the state or a political subdivision of the state in an action brought under this act. (2) On motion by a governmental agency involved in a controlled substance investigation […]
691.1619 Effective date; applicability of act to action arising on and after April 1, 1994; other actions not precluded. Sec. 19. This act shall take effect April 1, 1994. This act applies only to an action arising on and after April 1, 1994. This act does not preclude an action for damages otherwise available on […]
