(205 ILCS 695/35)
Sec. 35.
Standard of care.
The intent of the General Assembly of the State
of Illinois in enacting this Act is to enhance
the safety of consumers using automated teller machines in the State of
Illinois without discouraging the placement of automated teller machines in
locations convenient to consumers' homes and work places. Because decisions
concerning safety at automated teller machines are inherently subjective, the
General Assembly establishes as the standard of care applicable to owners or
operators of automated teller machines and persons who control access areas or
defined parking areas in connection with user safety, substantial compliance
with Section 10 and, if the owners or operators or persons who control access
areas or defined parking areas are also issuers of access devices, substantial
compliance, in addition, with Section 15 of this Act. The General Assembly
establishes as the standard of care applicable to issuers of access devices
substantial compliance with Section 15 of this Act. It is not the intent of
the General Assembly in enacting this Act to impose a duty to relocate or
modify automated teller machines upon the occurrence of a particular event or
circumstance. Substantial compliance with Section 10 of this Act shall
constitute prima facie evidence that an owner or operator of an automated
teller machine, and a person who controls an access area or defined parking
area, has provided adequate and reasonable measures for the safety of
customers. Substantial compliance with Section 15 of this Act shall constitute
prima facie evidence that an issuer of an access device has provided adequate
and reasonable measures for the safety of customers.
(Source: P.A. 89-542, eff. 7-19-96.)
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