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IL HB1367

Bill

Status

Failed

1/8/2013

Primary Sponsor

Dwight Kay

Click for details

Origin

House of Representatives

97th General Assembly

AI Summary

  • 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.

  • Defines key terms for product liability actions including "manufacturer," "product seller," "product liability action," and "harm" to establish scope of coverage.

  • 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.

  • 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.

  • 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

Committee Referrals

Rules3/17/2011
Judiciary I - Civil Law2/15/2011
Rules2/9/2011

Full Bill Text

No bill text available