Illinois General Assembly - Illinois Compiled Statutes

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735 ILCS 5/2-2104

(735 ILCS 5/2-2104)

(This Section was added by P.A. 89-7, which has been held unconstitutional)

Sec. 2-2104.

No practical and feasible alternative design; presumption.


If the design of a product or product component is in issue in a product
liability action, the design shall be presumed to be  reasonably safe
unless, at the time the product left the control of the manufacturer, a
practical and technically feasible alternative design was available that would
have prevented the harm without significantly impairing the usefulness,
desirability, or marketability of the product.  An alternative design is
practical and feasible if the technical, medical, or scientific knowledge
relating to safety of the alternative design was, at the time the product left
the control of the manufacturer, available and developed for commercial use and
acceptable in the marketplace.

(Source: P.A. 89-7, eff. 3-9-95.)