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IL HB4005

Bill

Status

Introduced

2/26/2009

Primary Sponsor

Ron Stephens

Click for details

Origin

House of Representatives

96th General Assembly

AI Summary

  • 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)

  • 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

  • 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

  • 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

  • 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

Committee Referrals

Rules3/13/2009
Judiciary I - Civil Law3/3/2009
Rules2/26/2009

Full Bill Text

No bill text available