Michigan Laws 324.20142 – Compliance as bar to certain claims; exceptions
Current as of: 2023 | Check for updates
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(1) Except as provided in section 20126a(5), a person who has complied with the requirements of this part or is exempt from liability under this part is not subject to a claim in law or equity for performance of response activities under part 17, part 31, or common law.
(2) This section does not bar any of the following:
Terms Used In Michigan Laws 324.20142
- Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Person: means an individual, partnership, corporation, association, governmental entity, or other legal entity. See Michigan Laws 324.301
- this part: includes "rules promulgated under this part". See Michigan Laws 324.20101
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(a) Tort claims unrelated to performance of response activities.
(b) Tort claims for damages which result from response activities.
(c) Tort claims related to the exercise or failure to exercise responsibilities under section 20107a.