Michigan Laws 691.1407c – Donated fire control or rescue equipment; liability; testing, repair, or maintenance; rights of employee or volunteer under MCL 418.101 to 418.941; “organized fire department” defined
Current as of: 2023 | Check for updates
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Terms Used In Michigan Laws 691.1407c
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Municipal corporation: means a city, village, or township or a combination of 2 or more of these when acting jointly. See Michigan Laws 691.1401
- State: means this state and its agencies, departments, commissions, courts, boards, councils, and statutorily created task forces. See Michigan Laws 691.1401
- Volunteer: means an individual who is specifically designated as a volunteer and who is acting solely on behalf of a governmental agency. See Michigan Laws 691.1401
(1) A municipal corporation, organized fire department, or agent of a municipal corporation or organized fire department that donates fire control or rescue equipment to another municipal corporation or organized fire department is not liable for damages for personal injury, death, or property damage proximately caused after the donation by a defect in the equipment.
(2) Before using equipment donated under subsection (1), a municipal corporation or organized fire department that receives the donated equipment shall have the equipment tested, repaired, or maintained if required by state or federal law, rule, or regulation. The municipal corporation or organized fire department shall not use the donated equipment unless the use is consistent with state and federal laws, rules, and regulations. Subject to subsection (3), a municipal corporation or organized fire department that complies with this subsection is not liable for damages for personal injury, death, or property damage proximately caused by a defect in the donated equipment.
(3) The immunity from liability provided by subsection (2) does not affect the rights of an employee or volunteer of the municipal corporation or organized fire department that receives the donated equipment to benefits under the worker’s disability compensation act of 1969, 1969 PA 317, MCL 418.101 to 418.941, or any similar law.
(4) As used in this section, “organized fire department” means that term as defined in section 1 of the fire prevention code, 1941 PA 207, MCL 29.1.