Michigan Laws 445.2085 – Monetary damages; treble damages; costs; “value of the plastic bulk merchandise containers stolen” defined
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Terms Used In Michigan Laws 445.2085
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Dealer: means a person, including, but not limited to, a person that operates a business as a plastics recycler, processor, or shredder or reseller, that purchases plastic bulk merchandise containers from any seller other than the manufacturer of the bulk merchandise containers or an authorized dealer or distributor of those containers. See Michigan Laws 445.2073
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: means an individual, partnership, corporation, limited liability company, or other legal entity. See Michigan Laws 445.2073
- Seller: means a person that sells, barters, or trades a plastic bulk merchandise container to a dealer. See Michigan Laws 445.2073
(1) A person may bring an action in a court of competent jurisdiction for monetary damages suffered from a violation of this act by a seller or a dealer. If the violation involves the theft of 10 or more plastic bulk merchandise containers, the court shall award treble damages for the value of the stolen plastic bulk merchandise containers.
(2) The court may award costs regarding any aspect of an action brought under subsection (1).
(3) As used in this section, “value of the plastic bulk merchandise containers stolen” means the highest of the following:
(a) The replacement cost of the stolen plastic bulk merchandise containers.
(b) The cost of repairing the damage caused by the theft of the plastic bulk merchandise containers.
(c) The total of subdivisions (a) and (b).