Michigan · statute · 27 of 1994, Mich. Comp. Laws · 14 active provisions
(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 controlled substances in order to do all of the fol…
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.
(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 directly from, or pursuant to a…
(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 any of…
(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 a plaintiff in an action under this section proves that the defendant participated in illegal mark…
(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) An individual abuser shall not recover damages under this section unless the individual abuser…
(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 substance used by the individual abuser. In an action brought under this section, participation in illegal marketing shall be…
(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 defendant was participating in the illegal marketing of the market area controlled substa…
(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 a controlled substance for the purposes of thi…
(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 individual abuser entitled to recovery under this act may…
(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 by an affidavit setting forth specific facts showing all of the following: (a) A description of the injury claimed and a statement that the affiant in good faith…
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 of action and has reason to know that the controlled substance use is the cause of th…
(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 or prosecution, an action brought under this act shall be stayed until the completion of the criminal in…
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 or after April 1, 1994.