SB-1296, As Passed Senate, December 13, 2012
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 1296
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 5805 and 5838 (MCL 600.5805 and 600.5838),
section 5805 as amended by 2011 PA 162 and section 5838 as amended
by 1986 PA 178, and by adding section 5838b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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
the any applicable period of repose established in section
5838a, 5838b, or 5839.
(16)
The amendments to this section made by the 2011
amendatory
act that added this subsection PA
162 apply to causes of
action
that accrue on or after the effective date of that
amendatory
act 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.
Sec. 5838. (1) Except as otherwise provided in section 5838a
or 5838b, a claim based on the malpractice of a person who is, or
holds himself or herself out to be, a member of a state licensed
profession accrues at the time that person discontinues serving the
plaintiff in a professional or pseudoprofessional capacity as to
the matters out of which the claim for malpractice arose,
regardless of the time the plaintiff discovers or otherwise has
knowledge of the claim.
(2) Except as otherwise provided in section 5838a or 5838b, an
action involving a claim based on malpractice may be commenced at
any time within the applicable period prescribed in sections 5805
or 5851 to 5856, or within 6 months after the plaintiff discovers
or should have discovered the existence of the claim, whichever is
later. The plaintiff has the burden of proving that the plaintiff
neither discovered nor should have discovered the existence of the
claim at least 6 months before the expiration of the period
otherwise
applicable to the claim. shall be on the plaintiff. A
malpractice
action which that is not commenced within the time
prescribed by this subsection is barred.
Sec. 5838b. (1) An action for legal malpractice against an
attorney-at-law or a law firm shall not be commenced after
whichever of the following is earlier:
(a) The expiration of the applicable period of limitations
under this chapter.
(b) Six years after the date of the act or omission that is
the basis for the claim.
(2) A legal malpractice action that is not commenced within
the time prescribed by subsection (1) is barred.
(3) As used in this section:
(a) "Attorney-at-law" means an individual licensed to practice
law in this state or elsewhere.
(b) "Law firm" means a person that is primarily engaged in the
practice of law, regardless of whether organized as a sole
proprietorship, partnership, limited liability partnership,
professional limited liability company, professional corporation,
or other business entity. Law firm includes a legal services
organization.