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IL HB5808

Bill

Status

Failed

1/8/2013

Primary Sponsor

Dwight Kay

Click for details

Origin

House of Representatives

97th General Assembly

AI Summary

  • Re-enacts provisions of Public Act 89-7 establishing Part 21 of the Code of Civil Procedure regarding product liability, which had been declared void by the Illinois Supreme Court in Best v. Taylor Machine Works (1997).

  • Establishes presumptions of reasonable safety for products that comply with federal or state safety standards and regulations, and for product designs 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 and risks that were matters of common knowledge, and prohibits liability when danger knowledge was not reasonably available at time of product distribution.

  • Restricts punitive damages in product liability actions to cases where plaintiff proves by clear and convincing evidence that the manufacturer intentionally withheld or misrepresented material safety information to government bodies or agencies.

  • Applies to causes of action accruing on or after the bill's effective date, which is upon becoming law.

Legislative Description

CIV PRO-PRODUCT LIABILITY

Last Action

Session Sine Die

1/8/2013

Committee Referrals

Rules2/16/2012

Full Bill Text

No bill text available