Sec. 2916.
(1) Any person who uses any substance which, by itself or in combination with any other substance, emits or liberates a gas, fume or vapor, which gas, fume, vapor or substances when liberated and used for the destruction or control of insects, termites, vermin, rodents, or other structural pests, is lethal, poisonous, noxious or dangerous to human life, in violation of the provisions of this section, is liable to any person or persons injured or killed for damages to be recovered in an action by such person or the estate of such person. The amount of damages shall be determined by a jury as in other cases, or by the court in case a jury is waived by the parties.
(2) Any person who uses any of the substances outlined in (1) of this section shall lock all means of ingress to the building or structure in which such substance has been used for a period of not less than 12 hours, and shall post such means of ingress with a visible warning notice stating that poisonous substances have been used and no entrance in the building shall be made without the written permission of the county sheriff or of the police or fire authorities of the city, village or township in which the building is situated for at least 48 hours from the time of using such poisonous substances.
(3) Any person using any substance outlined in (1) of this section shall notify the county sheriff or the police and fire authorities of the city, village or township in which the building or structure is situated that such substance has been used in the building, that the proper warning notices have been placed at all means of ingress in the building or structure, and that entrance into the building or structure is dangerous to human life for at least 48 hours, and such person is responsible for inspection of such building or structure at the end of the 48-hour period to determine the suitability for human habitation.
(4) Any person who violates the provisions of this section, in addition to civil liability for damages, is guilty of a felony and, upon conviction thereof, shall be punished as provided in the laws of this state.
History: 1961, Act 236, Eff. Jan. 1, 1963
Structure Michigan Compiled Laws
Chapter 600 - Revised Judicature Act of 1961
Act 236 of 1961 - Revised Judicature Act of 1961 (600.101 - 600.9948)
236-1961-29 - Chapter 29 Provisions Concerning Specific Actions (600.2901...600.2979)
Section 600.2902 - Actions Abolished; Certain Real Actions.
Section 600.2903 - Judgment in Tort; Renewal; Continuance of Remedies.
Section 600.2904 - Repealed. 1964, Act 170, Eff. July 1, 1965.
Section 600.2905 - Civil Actions by State; Laws Applicable.
Section 600.2906 - Confession of Judgment.
Section 600.2907 - Malicious Prosecution or Action; Civil Liability, Penalty.
Section 600.2907a - Violation of MCL 565.25; Liability to Owner of Encumbered Property; Penalty.
Section 600.2908 - Repealed. 1972, Act 284, Eff. Jan. 1, 1973.
Section 600.2909 - Stockholders; Individual Liability for Corporate Debts; Enforcement; Labor Debts.
Section 600.2910 - Action for Seduction.
Section 600.2911 - Action for Libel or Slander.
Section 600.2912 - Actions for Malpractice; Member of State Licensed Profession.
Section 600.2912a - Action Alleging Malpractice; Burden of Proof.
Section 600.2912g - Arbitration.
Section 600.2912h - Settlement Agreement.
Section 600.2915 - Actions for Taxes Due Other States; Reciprocity.
Section 600.2919 - Damage or Waste to Land; Damages; Injunction; Contempt.
Section 600.2921 - Survival of Actions; Death of Injured Person During Pendency of Action.
Section 600.2924 - Bill of Discovery.
Section 600.2925 - Repealed. 1974, Act 318, Imd. Eff. Dec. 15, 1974.
Section 600.2925b - Determining Pro Rata Shares of Tortfeasors.
Section 600.2925d - Effect of Release, Covenant Not to Sue, or Covenant Not to Enforce Judgment.
Section 600.2926 - Jurisdiction to Appoint Receivers; Termination.
Section 600.2929 - Lands Held in Trust; Sale by Fiduciary, Orders of Court.
Section 600.2931 - Repealed. 2016, Act 489, Eff. Apr. 6, 2017.
Section 600.2933 - Repealed. 2016, Act 489, Eff. Apr. 6, 2017.
Section 600.2935 - Quieting Title; Recording of Judgment.
Section 600.2943 - Quieting Title; Relief to Defendant on Rehearing.
Section 600.2944 - Access to Adjoining Property for Repairs or Improvements.
Section 600.2945 - Definitions.
Section 600.2946 - Product Liability Action; Admissible Evidence.
Section 600.2946a - Determination of Damages; Limitation.
Section 600.2947 - Product Liability Action; Liability of Manufacturer or Seller.
Section 600.2948 - Death or Injury; Warnings as Evidence.
Section 600.2949 - Repealed. 1995, Act 249, Eff. Mar. 28, 1996.
Section 600.2949a - Knowledge of Defective Product.
Section 600.2950b - Forms; Liability of Individual Providing Assistance.
Section 600.2950c - Assistance With Personal Protection Order; Domestic Violence Victim Advocate.
Section 600.2950h - Definitions.
Section 600.2950i - Foreign Protection Order; Validity; Affirmative Defenses.
Section 600.2950l - Foreign Protection Order.
Section 600.2950m - Foreign Protection Order; Violation as Misdemeanor; Penalty.
Section 600.2953a - Motion Picture Recording Violation.
Section 600.2955 - Scientific or Expert Opinion or Evidence; Admissibility.
Section 600.2956 - Several and Joint Liability.
Section 600.2956a - Certificate of Employability as Evidence of Due Care.
Section 600.2958 - Plaintiff's Contributory Fault Not as Bar to Recovery of Damages.
Section 600.2959 - Comparative Fault; Reduced Damages.
Section 600.2960 - Burden of Proof; Cause of Action.
Section 600.2962 - Malpractice Action Against Certified Public Accountant.
Section 600.2965 - Recovery of Damages by Firefighter or Police Officer; Preclusion Abolished.
Section 600.2966 - Injury to Firefighter or Police Officer; Governmental Immunity.
Section 600.2968 - Repealed. 2020, Act 367, Imd. Eff. Jan. 4, 2021.
Section 600.2969 - Repealed. 1999, Act 239, Eff. Jan. 1, 2003.
Section 600.2970 - Repealed. 1999, Act 240, Eff. Jan. 1, 2003.
Section 600.2971 - Wrongful Birth or Wrongful Life Claims; Prohibitions; Exceptions.
Section 600.2975a - Entry of Judgment for Damages; Notice to Department.
Section 600.2978 - Court Action by Victim of Female Genital Mutilation; Remedies; Definitions.