SB2451 95TH GENERAL ASSEMBLY

LRB095 18706 AJO 44807 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SB2451

Introduced 2/15/2008, by Sen. Mike Jacobs

SYNOPSIS AS INTRODUCED:

New Act

Creates the Product Seller Liability Act. Provides that no action based on any legal theory for harm of any kind may be brought against a product seller unless the product seller: (1) manufactured, produced, or designed the product; (2) altered, modified, assembled, or failed to maintain the product, in a manner that caused the claimant's harm; or (3) made an express warranty as to the product, and the failure of the product to conform to the warranty caused the claimant's harm. Provides an exception to the prohibition of actions against a product seller if the product manufacturer is not subject to personal jurisdiction in Illinois. Provides that the Act applies to all claims filed on or after its effective date. Effective July 1, 2008.

A BILL FOR

AN ACT concerning product liability.

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. Definitions. In this Act, "product seller" means a person or entity that 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 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; (2) altered, modified, assembled, or failed to maintain the product, in a manner that caused the claimant's harm; or (3) made an express warranty as to the product, and the failure of the product to conform to the warranty caused the claimant's harm.

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

Section 20. Applicability. This Act shall apply to all claims filed on or after its effective date.

Section 99. Effective date. This Act takes effect July 1, 2008.