Illinois General Assembly - Illinois Compiled Statutes

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735 ILCS 5/2-2107

(735 ILCS 5/2-2107)

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

Sec. 2-2107.

Punitive damages.

In a product liability action, punitive damages shall not be awarded
against a manufacturer or product seller if the conduct of the defendant
manufacturer, seller, or reseller that allegedly caused the harm was approved
by or was in compliance with standards set forth in an applicable federal or
State statute or in a regulation or other administrative action promulgated by
an agency of the federal or State government responsible for the safety or use
of the
product, which statute or regulation was in effect at the time of the
manufacturer's or product seller's alleged misconduct, unless the plaintiff
proves by clear and convincing evidence that the manufacturer or product seller
intentionally withheld from or misrepresented to Congress, the State
legislature, or the relevant federal or State agency material information
relative to the safety or use of the product that would or could have resulted
in a
changed decision relative to the law, standard, or other administrative
action.

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