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IL HB4005
Bill
Status
2/26/2009
Primary Sponsor
Ron Stephens
Click for details
AI Summary
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Re-enacts product liability provisions from Public Act 89-7 (Civil Justice Reform Amendments of 1995) that were previously voided in their entirety by the Illinois Supreme Court in Best v. Taylor Machine Works (1997)
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Establishes presumptions that products are reasonably safe if they comply with federal or state safety standards, and that product designs are safe unless a practical and feasible alternative design was available at the time of manufacture
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Limits liability for failure to warn by protecting manufacturers from liability for obvious risks or common knowledge risks, and for risks where the danger was not reasonably available or obtainable based on existing scientific information
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Prohibits punitive damages in product liability actions if the defendant's conduct complied with applicable federal or state standards, unless plaintiff proves by clear and convincing evidence the defendant intentionally withheld or misrepresented material safety information
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Applies only to causes of action accruing on or after the effective date; takes effect immediately upon becoming law
Legislative Description
CIV PRO-PRODUCT LIABILITY
Last Action
Rule 19(a) / Re-referred to Rules Committee
3/13/2009