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735 ILCS 5/2-2101
(735 ILCS 5/2-2101)
(This Section was added by P.A. 89-7, which has been held unconstitutional)
Sec. 2-2101.
Definitions.
For purposes of this Part, the terms listed
have
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
a greater degree of persuasion than is necessary to meet the preponderance of
the evidence standard.
"Harm" means (i) damage to property other than the product itself; (ii)
personal physical injury, illness, or death; (iii) mental anguish or emotional
harm to
the extent 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 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
a product or a component part of a product that is created or affected when,
before placing the product in the stream of commerce, the product seller
designs
or formulates and produces, creates, makes, or constructs an aspect of a
product or a component part of a product made by another; or (iii) any product
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 business conducted
for that purpose, sells, distributes, leases, installs, prepares, blends,
packages, labels, markets, repairs, maintains, or otherwise is involved in
placing a product in the stream of commerce.
(Source: P.A. 89-7, eff. 3-9-95.)
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