Full Text of HB3552 102nd General Assembly
HB3552 102ND GENERAL ASSEMBLY
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
Introduced 2/22/2021, by Rep. Tim Butler
SYNOPSIS AS INTRODUCED:
Amends the Code of Civil Procedure. Makes a technical change in a
Section concerning product liability.
A BILL FOR
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AN ACT concerning civil law.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
The Code of Civil Procedure is amended by
changing Section 2-2101 as follows:
(735 ILCS 5/2-2101)
(This Section was added by P.A. 89-7, which has been held
For purposes of this Part
the following meanings:
"Clear and convincing evidence" means that measure or
degree of proof that
will produce in the mind of the trier of
fact a high degree of certainty as to
the truth of the
allegations sought to be established.
This evidence requires
greater degree of persuasion than is necessary to meet the
the evidence standard.
"Harm" means (i) damage to property other than the product
personal physical injury, illness, or death;
(iii) mental anguish or emotional
recognized by applicable law; (iv) any loss of consortium or
services; or (v) other loss deriving from any type of harm
described in item
(i), (ii), (iii), or (iv).
"Manufacturer" means (i) any person who is engaged in a
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business to design or
formulate and to produce, create, make,
or construct any product or component
part of a product; (ii) a
product seller with respect to all component parts of
product or a component part of a product that is created or
before placing the product in the stream of
commerce, the product seller
or formulates and
produces, creates, makes, or constructs an aspect of a
or a component part of a product made by another; or (iii) any
seller not described in (ii) that holds itself out as a
manufacturer to the
user of the product.
"Product liability action" means a civil action brought on
any theory against
a manufacturer or product seller for harm
caused by a product.
"Product seller" means a person who, in the course of a
for that purpose, sells, distributes,
leases, installs, prepares, blends,
packages, labels, markets,
repairs, maintains, or otherwise is involved in
product in the stream of commerce.
(Source: P.A. 89-7, eff. 3-9-95