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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB1788
Introduced 2/25/2005, by Sen. Kirk W. Dillard SYNOPSIS AS INTRODUCED:
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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.
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A BILL FOR
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SB1788 |
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LRB094 11324 LCB 42151 b |
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| AN ACT concerning civil immunities.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 1. Short title. This Act may be cited as the |
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| Product Seller Liability Act.
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| Section 5. Definition. For purposes of this Act, "product |
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| seller" means a person or entity who sells a product as a |
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| retailer, distributor, or wholesaler, or who otherwise |
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| transfers a product to another for compensation.
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| Section 10. Scope of liability. No civil claim or action |
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| based on any legal theory for harm of any kind caused by a |
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| product may be maintained or commenced against a product seller |
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| unless the product seller: |
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| (1) manufactured, produced, or designed the product; |
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| or |
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| (2) altered, modified, assembled, or failed to |
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| maintain the product in a manner that caused the claimant's |
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| harm.
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| Section 15. Exception. Notwithstanding the provisions of |
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| Section 10 of this Act, a product seller may be sued in a |
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| product liability action if the product manufacturer is not |
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| subject to personal jurisdiction in Illinois.
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