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90_HB3717
SEE INDEX
Repeals the Road Worker Safety Act. Amends the Code of
Civil Procedure by making numerous changes regarding:
respondents in discovery; punitive damages; healing art
malpractice and product liability actions; actions based upon
apparent or ostensible agency; joint and several liability;
limitations and requirements in product liability actions;
and other matters. Amends the Premises Liability Act in
relation to the duties owed to entrants and trespassers.
Amends the Wrongful Death Act. Provides that no action may be
brought under the Act if the decedent had brought a cause of
action with respect to the same underlying incident or
occurrence which was settled or on which judgment was
rendered. Amends the Local Governmental and Governmental
Employees Tort Immunity Act and the Unified Code of
Corrections in relation to liability for injuries incurred by
community service program participants. Amends the Consumer
Fraud and Deceptive Business Practices Act by providing
that the Act does not apply to certain claims. Makes other
changes. Effective immediately.
LRB9009321WHdvA
LRB9009321WHdvA
1 AN ACT to amend certain Acts in relation to civil
2 actions, which may be referred to as the Civil Justice Reform
3 Amendments of 1998.
4 WHEREAS, It is the intent of the General Assembly that
5 the repeal of the Road Worker Safety Act shall operate as a
6 bar to any action accruing on or after the effective date of
7 this Public Act; and
8 WHEREAS, It is the intent of the General Assembly that
9 any action accruing under the Road Worker Safety Act before
10 the effective date of this Public Act may be maintained in
11 accordance with the provisions of that Act as it existed
12 before its repeal by this Public Act; and
13 (a) The Illinois General Assembly finds that:
14 WHEREAS, The Illinois Rural Health Task Force recommended
15 limits on non-economic damages in malpractice suits as the
16 first step in improving health care in rural Illinois; and
17 WHEREAS, More than 20 states, including several which
18 border Illinois, limit non-economic damages; and
19 WHEREAS, The current civil justice system is inconsistent
20 in compensating injuries; and
21 WHEREAS, The current systemic costs of tort liability are
22 unacceptable; and
23 WHEREAS, The systemic costs of tort liability continue to
24 threaten the economic health of the State through higher
25 consumer prices, increased taxes, and ever-rising health care
26 costs; and
27 WHEREAS, As one expert notes, "...drastic restrictions in
28 coverage accompanied by vastly increased premiums have become
29 permanent realities for many products and services. If the
30 (liability) crisis is not substantially worsening, it is in
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1 the sense that there is always a small range of potential
2 decline for a victim already in critical condition."; and
3 WHEREAS, It is the public policy of this State that
4 liability should not be imposed absent fault on the part of a
5 defendant; and
6 WHEREAS, It is the public policy of this State that a
7 defendant should not be liable for damages in excess of its
8 proportional share of fault; and
9 WHEREAS, The State is concerned with evolutions in tort
10 law that erode the fault principle and expand liability,
11 including, but not limited to, shifting burdens of proof,
12 implied new legal duties, relaxed conventional causation
13 requirements, extended statutes of limitation, new causes of
14 action, and new categories of damages; and
15 WHEREAS, It is the public policy of this State to reject
16 tort theorists who would use tort doctrine as a system of
17 socialized compensation insurance; and
18 WHEREAS, It is the public policy of this State that
19 persons injured through the negligence or deliberate
20 misconduct of another be afforded a legal mechanism to seek
21 compensation for their injuries; and
22 (b) Because of the conditions stated in subsection (a),
23 it is the purpose of this Act to modify and improve the civil
24 justice system in order to:
25 (1) Establish fault as the basis of tort liability
26 in the State of Illinois;
27 (2) Ensure that tortious defendants are liable for
28 no more than their proportional share of fault;
29 (3) Decrease the systemic costs of tort recovery;
30 (4) Protect the economic health of business and
31 units of local government in the State of Illinois;
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1 (5) Reduce the frequency and severity of civil
2 claims, including healing art malpractice and product
3 liability claims, through improvements and modifications
4 in the Illinois Code of Civil Procedure and other laws;
5 and
6 (6) Protect the availability of affordable
7 liability insurance; therefore
8 Be it enacted by the People of the State of Illinois,
9 represented in the General Assembly:
10 (430 ILCS 105/Act rep.)
11 Section 5. The Road Worker Safety Act is repealed.
12 Section 10. The Unified Code of Corrections is amended
13 by changing Section 5-5-7 as follows:
14 (730 ILCS 5/5-5-7) (from Ch. 38, par. 1005-5-7)
15 Sec. 5-5-7. Neither the State, any local government,
16 probation department, public or community service program or
17 site, nor any official or employee of the State, any local
18 government, probation department, public or community service
19 program or site thereof acting in the course of their
20 official duties shall be liable for any injury or loss a
21 person might receive while performing public or community
22 service as ordered by the court for a violation of a penal
23 statute of this State, local government ordinance (whether
24 penal, civil, or quasi-criminal), or traffic offense, nor
25 shall they be liable for any tortious acts of any person
26 performing public or community service, except for wilful,
27 wanton misconduct or gross negligence on the part of such
28 governmental unit, official or employee.
29 (Source: P.A. 85-449.)
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1 Section 15. The Code of Civil Procedure is amended by
2 changing Sections 2-402, 2-604.1, 2-621, 2-622, and 2-1117,
3 adding Sections 2-623 and 2-624, and adding Part 21 of
4 Article II as follows:
5 (735 ILCS 5/2-402) (from Ch. 110, par. 2-402)
6 Sec. 2-402. Respondents in discovery. The plaintiff in
7 any civil action may designate as respondents in discovery in
8 his or her pleading those individuals or other entities,
9 other than the named defendants, believed by the plaintiff to
10 have information essential to the determination of who should
11 properly be named as additional defendants in the action.
12 Fictitious defendants may not be named in a complaint in
13 order to designate respondents in discovery.
14 Persons or entities so named as respondents in discovery
15 shall be required to respond to discovery by the plaintiff in
16 the same manner as are defendants and may, on motion of the
17 plaintiff, be added as defendants if the evidence discloses
18 the existence of probable cause for such action.
19 A person or entity named a respondent in discovery may
20 upon his or her own motion be made a defendant in the action,
21 in which case the provisions of this Section are no longer
22 applicable to that person.
23 A copy of the complaint shall be served on each person or
24 entity named as a respondent in discovery.
25 Each respondent in discovery shall be paid expenses and
26 fees as provided for witnesses.
27 A person or entity named as a respondent in discovery in
28 any civil action may be made a defendant in the same action
29 at any time within 6 months after being named as a respondent
30 in discovery, even though the time during which an action may
31 otherwise be initiated against him or her may have expired
32 during such 6 month period. No extensions of this 6 month
33 period shall be permitted unless the plaintiff can show a
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1 failure or refusal on the part of the respondent to comply
2 with timely filed discovery.
3 This amendatory Act of 1998 applies to causes of action
4 filed on or after its effective date.
5 (Source: P.A. 86-483.)
6 (735 ILCS 5/2-604.1) (from Ch. 110, par. 2-604.1)
7 Sec. 2-604.1. Pleading of punitive damages. In all
8 actions on account of bodily injury or physical damage to
9 property, based on negligence, or product liability based on
10 any theory or doctrine strict tort liability, where punitive
11 damages are permitted no complaint shall be filed containing
12 a prayer for relief seeking punitive damages. However, a
13 plaintiff may, pursuant to a pretrial motion and after a
14 hearing before the court, amend the complaint to include a
15 prayer for relief seeking punitive damages. The court shall
16 allow the motion to amend the complaint if the plaintiff
17 establishes at such hearing a reasonable likelihood of
18 proving facts at trial sufficient to support an award of
19 punitive damages. Any motion to amend the complaint to
20 include a prayer for relief seeking punitive damages shall be
21 made not later than 30 days after the close of discovery. A
22 prayer for relief added pursuant to this Section shall not be
23 barred by lapse of time under any statute prescribing or
24 limiting the time within which an action may be brought or
25 right asserted if the time prescribed or limited had not
26 expired when the original pleading was filed.
27 (Source: P.A. 84-1431.)
28 (735 ILCS 5/2-621) (from Ch. 110, par. 2-621)
29 Sec. 2-621. Product liability actions. (a) In any
30 product liability action based on any theory or doctrine in
31 whole or in part on the doctrine of strict liability in tort
32 commenced or maintained against a defendant or defendants
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1 other than the manufacturer, that party shall upon answering
2 or otherwise pleading file an affidavit certifying the
3 correct identity of the manufacturer of the product allegedly
4 causing injury, death or damage. The commencement of a
5 product liability action based on any theory or doctrine in
6 whole or in part on the doctrine of strict liability in tort
7 against such defendant or defendants shall toll the
8 applicable statute of limitation and statute of repose
9 relative to the defendant or defendants for purposes of
10 asserting a strict liability in tort cause of action.
11 (b) Once the plaintiff has filed a complaint against the
12 manufacturer or manufacturers, and the manufacturer or
13 manufacturers have or are required to have answered or
14 otherwise pleaded, the court shall order the dismissal of a
15 product liability action based on any theory or doctrine
16 strict liability in tort claim against the certifying
17 defendant or defendants, provided the certifying defendant or
18 defendants are not within the categories set forth in
19 subsection (c) of this Section. Due diligence shall be
20 exercised by the certifying defendant or defendants in
21 providing the plaintiff with the correct identity of the
22 manufacturer or manufacturers, and due diligence shall be
23 exercised by the plaintiff in filing an action and obtaining
24 jurisdiction over the manufacturer or manufacturers.
25 The plaintiff may at any time subsequent to the dismissal
26 move to vacate the order of dismissal and reinstate the
27 certifying defendant or defendants, provided plaintiff can
28 show one or more of the following:
29 (1) That the applicable period of statute of limitation
30 or statute of repose bars the assertion of a strict liability
31 in tort cause of action against the manufacturer or
32 manufacturers of the product allegedly causing the injury,
33 death or damage; or
34 (2) That the identity of the manufacturer given to the
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1 plaintiff by the certifying defendant or defendants was
2 incorrect. Once the correct identity of the manufacturer has
3 been given by the certifying defendant or defendants the
4 court shall again dismiss the certifying defendant or
5 defendants; or
6 (3) That the manufacturer no longer exists, cannot be
7 subject to the jurisdiction of the courts of this State, or,
8 despite due diligence, the manufacturer is not amenable to
9 service of process; or
10 (4) That the manufacturer is unable to satisfy any
11 judgment as determined by the court; or
12 (5) That the court determines that the manufacturer
13 would be unable to satisfy a reasonable settlement or other
14 agreement with plaintiff.
15 (c) A court shall not enter a dismissal order relative
16 to any certifying defendant or defendants other than the
17 manufacturer even though full compliance with subsection (a)
18 of this Section has been made where the plaintiff can show
19 one or more of the following:
20 (1) That the defendant has exercised some significant
21 control over the design or manufacture of the product, or has
22 provided instructions or warnings to the manufacturer
23 relative to the alleged defect in the product which caused
24 the injury, death or damage; or
25 (2) That the defendant had actual knowledge of the
26 defect in the product which caused the injury, death or
27 damage; or
28 (3) That the defendant created the defect in the product
29 which caused the injury, death or damage.
30 (d) Nothing contained in this Section shall be construed
31 to grant a cause of action on in strict liability in tort or
32 any other legal theory or doctrine, or to affect the right of
33 any person to seek and obtain indemnity or contribution.
34 (e) This Section applies to all causes of action
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1 accruing on or after September 24, 1979.
2 (Source: P.A. 84-1043.)
3 (735 ILCS 5/2-622) (from Ch. 110, par. 2-622)
4 Sec. 2-622. Healing art malpractice. (a) In any action,
5 whether in tort, contract or otherwise, in which the
6 plaintiff seeks damages for injuries or death by reason of
7 medical, hospital, or other healing art malpractice, the
8 plaintiff's attorney or the plaintiff, if the plaintiff is
9 proceeding pro se, shall file an affidavit, attached to the
10 original and all copies of the complaint, declaring one of
11 the following:
12 1. That the affiant has consulted and reviewed the facts
13 of the case with a health professional who the affiant
14 reasonably believes: (i) is knowledgeable in the relevant
15 issues involved in the particular action; (ii) practices or
16 has practiced within the last 6 years or teaches or has
17 taught within the last 6 years in the same area of health
18 care or medicine that is at issue in the particular action;
19 and (iii) is qualified by experience or demonstrated
20 competence in the subject of the case; that the reviewing
21 health professional has determined in a written report, after
22 a review of the medical record and other relevant material
23 involved in the particular action that there is a reasonable
24 and meritorious cause for the filing of such action; and that
25 the affiant has concluded on the basis of the reviewing
26 health professional's review and consultation that there is a
27 reasonable and meritorious cause for filing of such action.
28 If the affidavit is filed as to a defendant who is a
29 physician licensed to treat human ailments without the use of
30 drugs or medicines and without operative surgery, a dentist,
31 a podiatrist, or a psychologist, the written report must be
32 from a health professional licensed in the same profession,
33 with the same class of license, as the defendant. For
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1 affidavits filed as to all other defendants, the written
2 report must be from a physician licensed to practice medicine
3 in all its branches. In either event, the affidavit must
4 identify the profession of the reviewing health professional.
5 A copy of the written report, clearly identifying the
6 plaintiff and the reasons for the reviewing health
7 professional's determination that a reasonable and
8 meritorious cause for the filing of the action exists, must
9 be attached to the affidavit, but information which would
10 identify the reviewing health professional may be deleted
11 from the copy so attached. The report shall include the name
12 and the address of the health professional.
13 2. That the plaintiff has not previously voluntarily
14 dismissed an action based upon the same or substantially the
15 same acts, omissions, or occurrences and that the affiant was
16 unable to obtain a consultation required by paragraph 1
17 because a statute of limitations would impair the action and
18 the consultation required could not be obtained before the
19 expiration of the statute of limitations. If an affidavit is
20 executed pursuant to this paragraph, the certificate and
21 written report required by paragraph 1 shall be filed within
22 90 days after the filing of the complaint. The defendant
23 shall be excused from answering or otherwise pleading until
24 30 days after being served with a certificate required by
25 paragraph 1.
26 3. That a request has been made by the plaintiff or his
27 attorney for examination and copying of records pursuant to
28 Part 20 of Article VIII of this Code and the party required
29 to comply under those Sections has failed to produce such
30 records within 60 days of the receipt of the request. If an
31 affidavit is executed pursuant to this paragraph, the
32 certificate and written report required by paragraph 1 shall
33 be filed within 90 days following receipt of the requested
34 records. All defendants except those whose failure to comply
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1 with Part 20 of Article VIII of this Code is the basis for an
2 affidavit under this paragraph shall be excused from
3 answering or otherwise pleading until 30 days after being
4 served with the certificate required by paragraph 1.
5 (b) Where a certificate and written report are required
6 pursuant to this Section a separate certificate and written
7 report shall be filed as to each defendant who has been named
8 in the complaint and shall be filed as to each defendant
9 named at a later time.
10 (c) Where the plaintiff intends to rely on the doctrine
11 of "res ipsa loquitur", as defined by Section 2-1113 of this
12 Code, the certificate and written report must state that, in
13 the opinion of the reviewing health professional, negligence
14 has occurred in the course of medical treatment. The affiant
15 shall certify upon filing of the complaint that he is relying
16 on the doctrine of "res ipsa loquitur".
17 (d) When the attorney intends to rely on the doctrine of
18 failure to inform of the consequences of the procedure, the
19 attorney shall certify upon the filing of the complaint that
20 the reviewing health professional has, after reviewing the
21 medical record and other relevant materials involved in the
22 particular action, concluded that a reasonable health
23 professional would have informed the patient of the
24 consequences of the procedure.
25 (e) Allegations and denials in the affidavit, made
26 without reasonable cause and found to be untrue, shall
27 subject the party pleading them or his attorney, or both, to
28 the payment of reasonable expenses, actually incurred by the
29 other party by reason of the untrue pleading, together with
30 reasonable attorneys' fees to be summarily taxed by the court
31 upon motion made within 30 days of the judgment or dismissal.
32 In no event shall the award for attorneys' fees and expenses
33 exceed those actually paid by the moving party, including the
34 insurer, if any. In proceedings under this paragraph (e), the
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1 moving party shall have the right to depose and examine any
2 and all reviewing health professionals who prepared reports
3 used in conjunction with an affidavit required by this
4 Section.
5 (f) A reviewing health professional who in good faith
6 prepares a report used in conjunction with an affidavit
7 required by this Section shall have civil immunity from
8 liability which otherwise might result from the preparation
9 of such report.
10 (g) The failure to file a certificate required by this
11 Section shall be grounds for dismissal under Section 2-619.
12 (h) This amendatory Act of 1998 Section does not apply
13 to or affect any actions pending at the time of its effective
14 date, but applies to cases filed on or after its effective
15 date.
16 (Source: P.A. 86-646.)
17 (735 ILCS 5/2-623 new)
18 Sec. 2-623. Certificate of merit; product liability.
19 (a) In a product liability action, as defined in Section
20 2-2101, in which the plaintiff seeks damages for harm, the
21 plaintiff's attorney or the plaintiff, if the plaintiff is
22 proceeding pro se, shall file an affidavit, attached to the
23 original and all copies of the complaint, declaring one of
24 the following:
25 (1) That the affiant has consulted and reviewed the
26 facts of the case with a qualified expert, as defined in
27 subsection (c), who has completed a written report, after
28 examination of the product or a review of literature
29 pertaining to the product, in accordance with the
30 following requirements:
31 (A) In an action based on strict liability in
32 tort or implied warranty, the report must:
33 (i) identify specific defects in the
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1 product that have a potential for harm beyond
2 that which would be objectively contemplated by
3 the ordinary user of the product; and
4 (ii) contain a determination that the
5 product was unreasonably dangerous and in a
6 defective condition when it left the control of
7 the manufacturer.
8 (B) In any other product liability action, the
9 report must identify the specific act or omission or
10 other fault, as defined in Section 2-1116, on the
11 part of the defendant.
12 (C) In any product liability action, the
13 report must contain a determination that the
14 defective condition of the product or other fault
15 was a proximate cause of the plaintiff's harm.
16 (2) That the plaintiff has not previously
17 voluntarily dismissed an action based upon the same or
18 substantially the same acts, omissions, or occurrences
19 and that the affiant was unable to obtain a consultation
20 required by paragraph (1) because either a statute of
21 limitations would impair the action and the consultation
22 required could not be obtained before the expiration of
23 the statute of limitations or despite a good faith effort
24 to comply with this Section, the plaintiff was prevented
25 by another person from inspecting or conducting
26 nondestructive testing of the product. If an affidavit
27 is executed pursuant to this paragraph, the affidavit
28 required by paragraph (1) shall be filed within 90 days
29 after the filing of the complaint. The defendant shall be
30 excused from answering or otherwise pleading until 30
31 days after being served with an affidavit required by
32 paragraph (1). No plaintiff shall be afforded the 90-day
33 extension of time provided by this paragraph (2) if he or
34 she has voluntarily dismissed an action for the same harm
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1 against the same defendant.
2 (b) When the defective condition referred to in the
3 written report required under paragraph (1) of subsection (a)
4 is based on a design defect, the affiant shall further state
5 that the qualified expert, as defined in subsection (c), has
6 identified in the written report required under subsection
7 (a) either: (i) a feasible alternative design that existed at
8 the time the product left the manufacturer's control; or (ii)
9 an applicable government or industry standard to which the
10 product did not conform.
11 (c) A qualified expert, for the purposes of subsections
12 (a) and (b), is someone who possesses scientific, technical,
13 or other specialized knowledge regarding the product at issue
14 or similar products and who is qualified to prepare the
15 report required by subsections (a) and (b).
16 (d) A copy of the written report required by subsections
17 (a) and (b) shall be attached to the original and all copies
18 of the complaint. The report shall include the name and
19 address of the expert.
20 (e) The failure to file an affidavit required by
21 subsections (a) and (b) shall be grounds for dismissal under
22 Section 2-619.
23 (f) Any related allegations concerning healing art
24 malpractice must include an affidavit under Section 2-622.
25 (g) This amendatory Act of 1998 applies only to causes
26 of action filed on or after its effective date.
27 (Source: P.A. 84-1043.)
28 (735 ILCS 5/2-624 new)
29 Sec. 2-624. Requirements for Claims Based Upon Apparent
30 or Ostensible Agency. In any action, whether in tort,
31 contract, or otherwise, in which the plaintiff seeks damages
32 for bodily injuries or death by reason of medical, hospital,
33 or other healing art malpractice, to state a claim based upon
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1 apparent or ostensible agency, a party must allege with
2 specific facts and prove the following:
3 (i) that the alleged principal affirmatively
4 represented to the party that the alleged agent was the
5 alleged principal's actual agent;
6 (ii) that the party reasonably relied upon the
7 alleged principal's representations that the alleged
8 agent was the alleged principal's actual agent; and
9 (iii) that a reasonable person would not have
10 sought goods or services from the alleged principal if
11 that person was aware that the alleged agent was not the
12 alleged principal's actual agent.
13 A party basing a claim upon apparent or ostensible agency
14 shall prove these elements by a preponderance of the
15 evidence.
16 This amendatory Act of 1998 applies to causes of action
17 filed on or after its effective date.
18 (735 ILCS 5/2-1117) (from Ch. 110, par. 2-1117)
19 Sec. 2-1117. Several Joint liability.
20 (a) In any action brought on account of death, bodily
21 injury to person, or physical damage to property in which
22 recovery is predicated upon fault, a defendant is severally
23 liable only and is liable only for that proportion of
24 recoverable economic and non-economic damages, if any, that
25 the amount of that defendant's fault, if any, bears to the
26 aggregate amount of fault of all other tortfeasors whose
27 fault was a proximate cause of the death, bodily injury,
28 economic loss, or physical damage to property for which
29 recovery is sought.
30 (b) Notwithstanding the provisions of subsection (a), in
31 any healing art malpractice action based on negligence or
32 wrongful death, any defendants found liable shall be jointly
33 and severally liable.
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1 This amendatory Act of 1998 applies to causes of action
2 filed on or after its effective date.
3 Except as provided in Section 2-1118, in actions on
4 account of bodily injury or death or physical damage to
5 property, based on negligence, or product liability based on
6 strict tort liability, all defendants found liable are
7 jointly and severally liable for plaintiff's past and future
8 medical and medically related expenses. Any defendant whose
9 fault, as determined by the trier of fact, is less than 25%
10 of the total fault attributable to the plaintiff, the
11 defendants sued by the plaintiff, and any third party
12 defendant who could have been sued by the plaintiff, shall be
13 severally liable for all other damages. Any defendant whose
14 fault, as determined by the trier of fact, is 25% or greater
15 of the total fault attributable to the plaintiff, the
16 defendants sued by the plaintiff, and any third party
17 defendants who could have been sued by the plaintiff, shall
18 be jointly and severally liable for all other damages.
19 (Source: P.A. 84-1431.)
20 (735 ILCS 5/Art. II, Part 21 heading new)
21 PART 21. PRODUCT LIABILITY
22 (735 ILCS 5/2-2101 new)
23 Sec. 2-2101. Definitions. For purposes of this Part,
24 the terms listed have the following meanings:
25 "Clear and convincing evidence" means that measure or
26 degree of proof that will produce in the mind of the trier of
27 fact a high degree of certainty as to the truth of the
28 allegations sought to be established. This evidence requires
29 a greater degree of persuasion than is necessary to meet the
30 preponderance of the evidence standard.
31 "Harm" means (i) damage to property other than the
32 product itself; (ii) personal physical injury, illness, or
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1 death; (iii) mental anguish or emotional harm to the extent
2 recognized by applicable law; (iv) any loss of consortium or
3 services; or (v) other loss deriving from any type of harm
4 described in item (i), (ii), (iii), or (iv).
5 "Manufacturer" means (i) any person who is engaged in a
6 business to design or formulate and to produce, create, make,
7 or construct any product or component part of a product; (ii)
8 a product seller with respect to all component parts of a
9 product or a component part of a product that is created or
10 affected when, before placing the product in the stream of
11 commerce, the product seller designs or formulates and
12 produces, creates, makes, or constructs an aspect of a
13 product or a component part of a product made by another; or
14 (iii) any product seller not described in (ii) that holds
15 itself out as a manufacturer to the user of the product.
16 "Product liability action" means a civil action brought
17 on any theory against a manufacturer or product seller for
18 harm caused by a product.
19 "Product seller" means a person who, in the course of a
20 business conducted for that purpose, sells, distributes,
21 leases, installs, prepares, blends, packages, labels,
22 markets, repairs, maintains, or otherwise is involved in
23 placing a product in the stream of commerce.
24 (735 ILCS 5/2-2102 new)
25 Sec. 2-2102. Effect on other laws. Except as may be
26 provided by other laws, any civil action that conforms to the
27 definition of a product liability action as defined in
28 Section 2-2101 of this Part shall be governed by the
29 provisions of this Part.
30 (735 ILCS 5/2-2103 new)
31 Sec. 2-2103. Federal and State standards; presumption.
32 In a product liability action, a product or product component
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1 shall be presumed to be reasonably safe if the aspect of the
2 product or product component that allegedly caused the harm
3 was specified or required, or if the aspect is specifically
4 exempted for particular applications or users, by a federal
5 or State statute or regulation promulgated by an agency of
6 the federal or State government responsible for the safety or
7 use of the product before the product was distributed into
8 the stream of commerce.
9 (735 ILCS 5/2-2104 new)
10 Sec. 2-2104. No practical and feasible alternative
11 design; presumption. If the design of a product or product
12 component is in issue in a product liability action, the
13 design shall be presumed to be reasonably safe unless, at
14 the time the product left the control of the manufacturer, a
15 practical and technically feasible alternative design was
16 available that would have prevented the harm without
17 significantly impairing the usefulness, desirability, or
18 marketability of the product. An alternative design is
19 practical and feasible if the technical, medical, or
20 scientific knowledge relating to safety of the alternative
21 design was, at the time the product left the control of the
22 manufacturer, available and developed for commercial use and
23 acceptable in the marketplace.
24 (735 ILCS 5/2-2105 new)
25 Sec. 2-2105. Changes in design or warning;
26 inadmissibility. When measures are taken which, if taken
27 previously, would have made an event less likely to occur,
28 evidence of the subsequent measures is not admissible to
29 prove a defect in a product, negligence, or culpable conduct
30 in connection with the event. In a product liability action
31 brought under any theory or doctrine, if the feasibility of a
32 design change or change in warnings is not controverted, then
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1 a subsequent design change or change in warnings shall not be
2 admissible into evidence. This rule does not require the
3 exclusion of evidence of subsequent measures when offered for
4 another purpose such as proving ownership, control, or
5 impeachment.
6 (735 ILCS 5/2-2106 new)
7 Sec. 2-2106. Provision of written warnings to users of
8 product; nonliability.
9 (a) The warning, instructing, or labeling of a product
10 or specific product component shall be deemed to be adequate
11 if pamphlets, booklets, labels, or other written warnings
12 were provided that gave adequate notice to reasonably
13 anticipated users or knowledgeable intermediaries of the
14 material risks of injury, death, or property damage connected
15 with the reasonably anticipated use of the product and
16 instructions as to the reasonably anticipated uses,
17 applications, or limitations of the product anticipated by
18 the defendant.
19 (b) In the defense of a product liability action,
20 warnings, instructions or labeling shall be deemed to be
21 adequate if the warnings, instructions or labels furnished
22 with the product were in conformity with the generally
23 recognized standards in the industry at the time the product
24 was distributed into the stream of commerce.
25 (c) Notwithstanding subsections (a) and (b), a defendant
26 shall not be liable for failure to warn of material risks
27 that were obvious to a reasonably prudent product user and
28 material risks that were a matter of common knowledge to
29 persons in the same position as or similar positions to that
30 of the plaintiff in a product liability action.
31 (d) In any product liability action brought against a
32 manufacturer or product seller for harm allegedly caused by a
33 failure to provide adequate warnings or instructions, a
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1 defendant manufacturer or product seller shall not be liable
2 if, at the time the product left the control of the
3 manufacturer, the knowledge of the danger that caused the
4 harm was not reasonably available or obtainable in light of
5 existing scientific, technical, or medical information.
6 (735 ILCS 5/2-2106.5 new)
7 Sec. 2-2106.5. Inherent characteristics of products;
8 nonliability. In a product liability action, a manufacturer
9 or product seller shall not be liable for harm allegedly
10 caused by a product if the alleged harm was caused by an
11 inherent characteristic of the product which is a generic
12 aspect of the product that cannot be eliminated without
13 substantially compromising the product's usefulness or
14 desirability and which is recognized by the ordinary person
15 with the ordinary knowledge common to the community.
16 (735 ILCS 5/2-2107 new)
17 Sec. 2-2107. Punitive damages. In a product liability
18 action, punitive damages shall not be awarded against a
19 manufacturer or product seller if the conduct of the
20 defendant manufacturer, seller, or reseller that allegedly
21 caused the harm was approved by or was in compliance with
22 standards set forth in an applicable federal or State statute
23 or in a regulation or other administrative action promulgated
24 by an agency of the federal or State government responsible
25 for the safety or use of the product, which statute or
26 regulation was in effect at the time of the manufacturer's or
27 product seller's alleged misconduct, unless the plaintiff
28 proves by clear and convincing evidence that the manufacturer
29 or product seller intentionally withheld from or
30 misrepresented to Congress, the State legislature, or the
31 relevant federal or State agency material information
32 relative to the safety or use of the product that would or
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1 could have resulted in a changed decision relative to the
2 law, standard, or other administrative action.
3 (735 ILCS 5/2-2108 new)
4 Sec. 2-2108. No cause of action created. Nothing in
5 this Part shall be construed to create a cause of action.
6 (735 ILCS 5/2-2109 new)
7 Sec. 2-2109. This amendatory Act of 1998 adding Part 21
8 to the Code of Civil Procedure applies to causes of action
9 accruing on or after its effective date.
10 Section 35. The Premises Liability Act is amended by
11 changing Sections 2 and 3 as follows:
12 (740 ILCS 130/2) (from Ch. 80, par. 302)
13 Sec. 2. The distinction under the common law between
14 invitees and licensees as to the duty owed by an owner or
15 occupier of any premises to such entrants is abolished.
16 The duty owed to such entrants is that of reasonable care
17 under the circumstances regarding the state of the premises
18 or acts done or omitted on them. The duty of reasonable care
19 under the circumstances which an owner or occupier of land
20 owes to such entrants does not include any of the following:
21 a duty to warn of or otherwise take reasonable steps to
22 protect such entrants from conditions on the premises that
23 are known to the entrant, are open and obvious, or can
24 reasonably be expected to be discovered by the entrant; a
25 duty to warn of latent defects or dangers or defects or
26 dangers unknown to the owner or occupier of the premises; a
27 duty to warn such entrants of any dangers resulting from
28 misuse by the entrants of the premises or anything affixed to
29 or located on the premises; or a duty to protect such
30 entrants from their own misuse of the premises or anything
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1 affixed to or located on the premises.
2 This amendatory Act of 1998 applies to causes of action
3 accruing on or after its effective date.
4 (Source: P.A. 83-1398.)
5 (740 ILCS 130/3) (from Ch. 80, par. 303)
6 Sec. 3. Nothing herein affects the law as regards any
7 category of trespasser, including the trespassing child
8 entrant. An owner or occupier of land owes no duty of care to
9 an adult trespasser other than to refrain from willful and
10 wanton conduct that would endanger the safety of a known
11 trespasser on the property from a condition of the property
12 or an activity conducted by the owner or occupier on the
13 property.
14 This amendatory Act of 1998 applies only to causes of
15 action accruing on or after its effective date.
16 (Source: P.A. 83-1398.)
17 Section 40. The Wrongful Death Act is amended by
18 changing Section 1 as follows:
19 (740 ILCS 180/1) (from Ch. 70, par. 1)
20 Sec. 1. Whenever the death of a person shall be caused by
21 wrongful act, neglect or default, and the act, neglect or
22 default is such as would, if death had not ensued, have
23 entitled the party injured to maintain an action and recover
24 damages in respect thereof, then and in every such case the
25 person who or company or corporation which would have been
26 liable if death had not ensued, shall be liable to an action
27 for damages, notwithstanding the death of the person injured,
28 and although the death shall have been caused under such
29 circumstances as amount in law to felony. No action may be
30 brought under this Act if the decedent had brought a cause of
31 action with respect to the same underlying incident or
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1 occurrence which was settled or on which judgment was
2 rendered.
3 This amendatory Act of 1998 applies to causes of action
4 accruing on or after its effective date.
5 (Source: Laws 1853, p. 97.)
6 Section 45. The Local Governmental and Governmental
7 Employees Tort Immunity Act is amended by adding Article VIA
8 as follows:
9 (745 ILCS 10/Art. VIA heading new)
10 ARTICLE VIA. PUBLIC AND COMMUNITY SERVICE PROGRAMS
11 (745 ILCS 10/6A-101 new)
12 Sec. 6A-101. Definitions. As used in this Article,
13 "public or community service" means uncompensated labor for a
14 non-profit organization or public body whose purpose is to
15 enhance physical or mental stability, environmental quality
16 or the social welfare and which agrees to accept public or
17 community service from offenders or those adjudged liable for
18 civil violations of a local public entity and to report on
19 the progress of the public or community service to the court.
20 (745 ILCS 10/6A-105 new)
21 Sec. 6A-105. Exemption from liability. Neither a local
22 public entity nor a public employee acting within the scope
23 of his or her employment is liable for any injury or loss a
24 person might receive while performing public or community
25 service as ordered by the court, nor shall a local public
26 entity or a public employee acting within the scope of his or
27 her employment be liable for any tortious acts of any person
28 performing public or community service for a violation of a
29 penal, quasi-criminal, or civil ordinance of a local public
30 entity, except for willful and wanton misconduct or gross
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1 negligence on the part of the local public entity or public
2 employee.
3 Section 50. The Consumer Fraud and Deceptive Business
4 Practices Act is amended by changing Section 10b as follows:
5 (815 ILCS 505/10b) (from Ch. 121 1/2, par. 270b)
6 Sec. 10b. Nothing in this Act shall apply to any of the
7 following:
8 (1) Actions or transactions specifically authorized by
9 laws administered by any regulatory body or officer acting
10 under statutory authority of this State or the United States.
11 (2) The provisions of "An act to protect trademark
12 owners, distributors, and the public against injurious and
13 uneconomic practices in the distribution of articles of
14 standard quality under a trademark, brand or name," approved
15 July 8, 1935, as amended.
16 (3) Acts done by the publisher, owner, agent, or
17 employee of a newspaper, periodical or radio or television
18 station in the publication or dissemination of an
19 advertisement, when the owner, agent or employee did not have
20 knowledge of the false, misleading or deceptive character of
21 the advertisement, did not prepare the advertisement, or did
22 not have a direct financial interest in the sale or
23 distribution of the advertised product or service.
24 (4) The communication of any false, misleading or
25 deceptive information, provided by the seller of real estate
26 located in Illinois, by a real estate salesman or broker
27 licensed under "The Real Estate Brokers License Act", unless
28 the salesman or broker knows of the false, misleading or
29 deceptive character of such information. This provision shall
30 be effective as to any communication, whenever occurring.
31 (5) Claims seeking damages for conduct that results in
32 bodily injury, death, or damage to property other than the
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1 property that is the subject of the practice claimed to be
2 unlawful.
3 This amendatory Act of 1998 applies to causes of action
4 filed on or after its effective date.
5 (6) The communication of any false, misleading, or
6 deceptive information by an insurance producer, registered
7 firm, or limited insurance representative, as those terms are
8 defined in the Illinois Insurance Code, or by an insurance
9 agency or brokerage house concerning the sale, placement,
10 procurement, renewal, binding, cancellation of, or terms of
11 any type of insurance or any policy of insurance unless the
12 insurance producer has actual knowledge of the false,
13 misleading, or deceptive character of the information. This
14 provision shall be effective as to any communications,
15 whenever occurring. This item (6) applies to all causes of
16 action that accrue on or after the effective date of this
17 amendatory Act of 1995.
18 (Source: P.A. 89-152, eff. 1-1-96.)
19 Section 990. Severability. The provisions of this Act,
20 including both the new and the amendatory provisions, are
21 severable under Section 1.31 of the Statute of Statutes.
22 Section 995. Effective date. This Act takes effect upon
23 becoming law, and applies to causes of action as specified in
24 each Section or part of this Act.
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1 INDEX
2 Statutes amended in order of appearance
3 430 ILCS 105/Act rep.
4 730 ILCS 5/5-5-7 from Ch. 38, par. 1005-5-7
5 735 ILCS 5/2-402 from Ch. 110, par. 2-402
6 735 ILCS 5/2-604.1 from Ch. 110, par. 2-604.1
7 735 ILCS 5/2-621 from Ch. 110, par. 2-621
8 735 ILCS 5/2-622 from Ch. 110, par. 2-622
9 735 ILCS 5/2-623 new
10 735 ILCS 5/2-624 new
11 735 ILCS 5/2-1117 from Ch. 110, par. 2-1117
12 735 ILCS 5/Art. II, Part 21 heading new
13 735 ILCS 5/2-2101 new
14 735 ILCS 5/2-2102 new
15 735 ILCS 5/2-2103 new
16 735 ILCS 5/2-2104 new
17 735 ILCS 5/2-2105 new
18 735 ILCS 5/2-2106 new
19 735 ILCS 5/2-2106.5 new
20 735 ILCS 5/2-2107 new
21 735 ILCS 5/2-2108 new
22 735 ILCS 5/2-2109 new
23 740 ILCS 130/2 from Ch. 80, par. 302
24 740 ILCS 130/3 from Ch. 80, par. 303
25 740 ILCS 180/1 from Ch. 70, par. 1
26 745 ILCS 10/Art. VIA heading new
27 745 ILCS 10/6A-101 new
28 745 ILCS 10/6A-105 new
29 815 ILCS 505/10b from Ch. 121 1/2, par. 270b