94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1788

 

Introduced 2/25/2005, by Sen. Kirk W. Dillard

 

SYNOPSIS AS INTRODUCED:
 
New Act

    Creates the Product Seller Liability Act. Provides that no civil claim or action based on any legal theory for harm of any kind caused by a product may be maintained or commenced against a product seller unless the product seller: (1) manufactured, produced, or designed the product; or (2) altered, modified, assembled, or failed to maintain the product in a manner that caused the claimant's harm. Provides that the limitation on liability does not apply to a product seller if the product manufacturer is not subject to personal jurisdiction in Illinois.


LRB094 11324 LCB 42151 b

 

 

A BILL FOR

 

SB1788 LRB094 11324 LCB 42151 b

1     AN ACT concerning civil immunities.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 1. Short title. This Act may be cited as the
5 Product Seller Liability Act.
 
6     Section 5. Definition. For purposes of this Act, "product
7 seller" means a person or entity who sells a product as a
8 retailer, distributor, or wholesaler, or who otherwise
9 transfers a product to another for compensation.
 
10     Section 10. Scope of liability. No civil claim or action
11 based on any legal theory for harm of any kind caused by a
12 product may be maintained or commenced against a product seller
13 unless the product seller:
14         (1) manufactured, produced, or designed the product;
15     or
16         (2) altered, modified, assembled, or failed to
17     maintain the product in a manner that caused the claimant's
18     harm.
 
19     Section 15. Exception. Notwithstanding the provisions of
20 Section 10 of this Act, a product seller may be sued in a
21 product liability action if the product manufacturer is not
22 subject to personal jurisdiction in Illinois.