SB1788 94TH GENERAL ASSEMBLY

LRB094 11324 LCB 42151 b

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.

A BILL FOR

AN ACT concerning civil immunities.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 1. Short title. This Act may be cited as the Product Seller Liability Act.

Section 5. Definition. For purposes of this Act, "product seller" means a person or entity who sells a product as a retailer, distributor, or wholesaler, or who otherwise transfers a product to another for compensation.

Section 10. Scope of liability. 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.

Section 15. Exception. Notwithstanding the provisions of Section 10 of this Act, a product seller may be sued in a product liability action if the product manufacturer is not subject to personal jurisdiction in Illinois.