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IL HB3405

Bill

Status

Failed

12/3/2014

Primary Sponsor

Dwight Kay

Click for details

Origin

House of Representatives

98th 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 Part 21 of Article II of the Code of Civil Procedure covering product liability actions, with definitions for key terms including "harm," "manufacturer," "product seller," and "product liability action."

  • Provides manufacturers and product sellers with presumptions of reasonable safety when products comply with federal or state standards, and when alternative safer designs were not practical or feasible at the time of distribution.

  • Limits liability for failure to warn if risks were obvious to prudent users, matters of common knowledge, or if safety knowledge was not reasonably available when the product left the manufacturer's control.

  • Restricts punitive damages in product liability actions unless plaintiff proves by clear and convincing evidence that defendant intentionally withheld or misrepresented material safety information to Congress or regulatory agencies; applies to causes of action accruing on or after the effective date.

Legislative Description

CIV PRO-PRODUCT LIABILITY

Last Action

Session Sine Die

12/3/2014

Committee Referrals

Rules3/22/2013
Judiciary3/11/2013
Rules2/26/2013

Full Bill Text

No bill text available