Bill Text: MI HB5525 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Civil procedure: civil actions; remedies for harm, injury, or death of a service animal; provide for. Amends 1961 PA 236 (MCL 600.101 - 600.9947) by adding sec. 2980.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced) 2024-02-28 - Per Rule 41 Referred To Committee On Judiciary [HB5525 Detail]
Download: Michigan-2023-HB5525-Introduced.html
HOUSE BILL NO. 5525
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
(MCL 600.101 to 600.9947) by adding section 2980.
the people of the state of michigan enact:
Sec. 2980. (1) A person is liable to the owner of a service animal for damages that result from an injury to the service animal, including, but not limited to, the death of the service animal, that is caused by the person or by an animal owned by the person.
(2) All of the following may be awarded as damages in an action brought under this section:
(a) Noneconomic damages, including, but not limited to, all of the following:
(i) Mental anguish.
(ii) Fright and shock.
(iii) Loss of companionship.
(b) Economic damages, including, but not limited to, all of the following:
(i) The value of the service animal if the service animal is killed or is not able to do its work or perform its tasks.
(ii) The value of any equipment associated with the service animal that was damaged, including, if available, the replacement cost of new equipment.
(iii) The cost of care for the service animal, including, but not limited to, all of the following:
(A) Transportation expenses.
(B) Loss of the owner's earnings.
(C) Travel and lodging expenses.
(D) Veterinary expenses.
(E) Expenses of necessary substances and products.
(F) Hospitalization or boarding expenses.
(iv) The cost of retraining or rehabilitating the service animal.
(v) The cost of replacing the service animal, if necessary, including, but not limited to, all of the following:
(A) The cost of locating the replacement animal.
(B) Travel and lodging expenses.
(C) Loss of the owner's earnings.
(D) Cost of the replacement animal.
(E) The expense of transporting the replacement animal.
(F) Training expenses.
(c) Punitive damages if the conduct of the liable person was intentional or reckless.
(d) Attorney fees and actual costs.
(3) A person is liable under this section whether the conduct that caused the injury was intentional, reckless, or negligent.
(4) This section does not affect the right to any other remedy available to the owner of the service animal under any other law.
(5) As used in this section, "service animal" means that term as defined in section 50a of the Michigan penal code, 1931 PA 328, MCL 750.50a.
