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IL HB1367
Bill
Status
1/8/2013
Primary Sponsor
Dwight Kay
Click for details
AI Summary
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Re-enacts product liability provisions from Public Act 89-7 that were previously voided by the Illinois Supreme Court in Best v. Taylor Machine Works (1997), establishing Part 21 of Article II of the Code of Civil Procedure.
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Defines key terms for product liability actions including "manufacturer," "product seller," "product liability action," and "harm" to establish scope of coverage.
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Establishes presumptions that products are reasonably safe if they comply with applicable federal or state standards, and that product designs are reasonably safe unless a practical and technically feasible alternative design was available at time of manufacture.
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Limits liability for manufacturers and product sellers by prohibiting admission of subsequent design or warning changes as evidence of defects, exempting obvious or commonly-known risks from warning requirements, and barring punitive damages when conduct complied with applicable regulations unless plaintiff proves intentional withholding of material safety information by clear and convincing evidence.
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Applies the re-enacted provisions to causes of action accruing on or after the effective date and takes effect immediately upon becoming law.
Legislative Description
CIV PRO-PRODUCT LIABILITY
Last Action
Session Sine Die
1/8/2013