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IL SB0727
Bill
AI Summary
SB0727 Summary
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Re-enacts product liability provisions from Public Act 89-7 that were 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 "harm," "manufacturer," "product seller," and "product liability action," and establishes that these provisions govern all civil actions meeting the product liability definition.
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Creates presumptions that products are reasonably safe if they comply with federal or state standards, and that product designs are reasonably safe unless a practical and feasible alternative design was available at time of manufacture.
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Limits manufacturer liability by prohibiting evidence of subsequent design or warning changes (except for ownership, control, or impeachment purposes), establishing standards for adequate warnings, and exempting liability for obvious risks and inherent product characteristics.
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Restricts punitive damages in product liability actions to cases where the plaintiff proves by clear and convincing evidence that the manufacturer intentionally withheld or misrepresented material safety information to Congress or regulatory agencies.
Legislative Description
CIV PRO-PRODUCT LIABILITY
Last Action
Session Sine Die
1/9/2019