Illinois 2023-2024 Regular Session

Illinois House Bill HB3186 Compare Versions

Only one version of the bill is available at this time.

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1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3186 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED: 735 ILCS 5/13-213 from Ch. 110, par. 13-213 Amends the Limitations Article of the Code of Civil Procedure. Provides that no product liability action based on the doctrine of strict liability in tort shall be commenced except within the applicable limitations period and within 15 years from the date of first installation of any medical joint replacement product that is claimed to have injured or damaged the plaintiff, unless the defendant expressly has warranted or promised the product for a longer period and the action is brought within that period. If personal injury, death, or property damage occurs in relation to a medical joint replacement within 12 years from the date of first sale, lease, or delivery of possession by a seller, within 10 years from the date of first sale, lease, or delivery of possession to its initial user, consumer, or other non-seller, or within 10 years from the date of alteration, modification, or change, allows a plaintiff to bring an action within 4 years after the date on which the claimant knew, or through the use of reasonable diligence should have known, of the existence of the personal injury, death, or property damages, but in no event more than 8 years after the date on which such personal injury, death, or property damage occurred. LRB103 29544 LNS 55939 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3186 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED: 735 ILCS 5/13-213 from Ch. 110, par. 13-213 735 ILCS 5/13-213 from Ch. 110, par. 13-213 Amends the Limitations Article of the Code of Civil Procedure. Provides that no product liability action based on the doctrine of strict liability in tort shall be commenced except within the applicable limitations period and within 15 years from the date of first installation of any medical joint replacement product that is claimed to have injured or damaged the plaintiff, unless the defendant expressly has warranted or promised the product for a longer period and the action is brought within that period. If personal injury, death, or property damage occurs in relation to a medical joint replacement within 12 years from the date of first sale, lease, or delivery of possession by a seller, within 10 years from the date of first sale, lease, or delivery of possession to its initial user, consumer, or other non-seller, or within 10 years from the date of alteration, modification, or change, allows a plaintiff to bring an action within 4 years after the date on which the claimant knew, or through the use of reasonable diligence should have known, of the existence of the personal injury, death, or property damages, but in no event more than 8 years after the date on which such personal injury, death, or property damage occurred. LRB103 29544 LNS 55939 b LRB103 29544 LNS 55939 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3186 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED:
3	3	735 ILCS 5/13-213 from Ch. 110, par. 13-213 735 ILCS 5/13-213 from Ch. 110, par. 13-213
4	4	735 ILCS 5/13-213 from Ch. 110, par. 13-213
5	5	Amends the Limitations Article of the Code of Civil Procedure. Provides that no product liability action based on the doctrine of strict liability in tort shall be commenced except within the applicable limitations period and within 15 years from the date of first installation of any medical joint replacement product that is claimed to have injured or damaged the plaintiff, unless the defendant expressly has warranted or promised the product for a longer period and the action is brought within that period. If personal injury, death, or property damage occurs in relation to a medical joint replacement within 12 years from the date of first sale, lease, or delivery of possession by a seller, within 10 years from the date of first sale, lease, or delivery of possession to its initial user, consumer, or other non-seller, or within 10 years from the date of alteration, modification, or change, allows a plaintiff to bring an action within 4 years after the date on which the claimant knew, or through the use of reasonable diligence should have known, of the existence of the personal injury, death, or property damages, but in no event more than 8 years after the date on which such personal injury, death, or property damage occurred.
6	6	LRB103 29544 LNS 55939 b LRB103 29544 LNS 55939 b
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8	8	A BILL FOR
9	9	HB3186LRB103 29544 LNS 55939 b HB3186 LRB103 29544 LNS 55939 b
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11	11	1 AN ACT concerning civil law.
12	12	2 Be it enacted by the People of the State of Illinois,
13	13	3 represented in the General Assembly:
14	14	4 Section 5. The Code of Civil Procedure is amended by
15	15	5 changing Section 13-213 as follows:
16	16	6 (735 ILCS 5/13-213) (from Ch. 110, par. 13-213)
17	17	7 (Text of Section WITHOUT the changes made by P.A. 89-7,
18	18	8 which has been held unconstitutional)
19	19	9 Sec. 13-213. Product liability.
20	20	10 (a) As used in this Section, the term:
21	21	11 (1) "Alteration, modification or change" or "altered,
22	22	12 modified, or changed" means an alteration, modification or
23	23	13 change that was made in the original makeup
24	24	14 characteristics, function or design of a product or in the
25	25	15 original recommendations, instructions and warnings given
26	26	16 with respect to a product including the failure properly
27	27	17 to maintain and care for a product.
28	28	18 (2) "Product" means any tangible object or goods
29	29	19 distributed in commerce, including any service provided in
30	30	20 connection with the product. Where the term "product unit"
31	31	21 is used, it refers to a single item or unit of a product.
32	32	22 (3) "Product liability action" means any action based
33	33	23 on the doctrine of strict liability in tort brought
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37	37	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB3186 Introduced , by Rep. Tom Weber SYNOPSIS AS INTRODUCED:
38	38	735 ILCS 5/13-213 from Ch. 110, par. 13-213 735 ILCS 5/13-213 from Ch. 110, par. 13-213
39	39	735 ILCS 5/13-213 from Ch. 110, par. 13-213
40	40	Amends the Limitations Article of the Code of Civil Procedure. Provides that no product liability action based on the doctrine of strict liability in tort shall be commenced except within the applicable limitations period and within 15 years from the date of first installation of any medical joint replacement product that is claimed to have injured or damaged the plaintiff, unless the defendant expressly has warranted or promised the product for a longer period and the action is brought within that period. If personal injury, death, or property damage occurs in relation to a medical joint replacement within 12 years from the date of first sale, lease, or delivery of possession by a seller, within 10 years from the date of first sale, lease, or delivery of possession to its initial user, consumer, or other non-seller, or within 10 years from the date of alteration, modification, or change, allows a plaintiff to bring an action within 4 years after the date on which the claimant knew, or through the use of reasonable diligence should have known, of the existence of the personal injury, death, or property damages, but in no event more than 8 years after the date on which such personal injury, death, or property damage occurred.
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43	43	A BILL FOR
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49	49	735 ILCS 5/13-213 from Ch. 110, par. 13-213
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68	68	1 against the seller of a product on account of personal
69	69	2 injury, (including illness, disease, disability and death)
70	70	3 or property, economic or other damage allegedly caused by
71	71	4 or resulting from the manufacture, construction,
72	72	5 preparation, assembly, installation, testing, makeup,
73	73	6 characteristics, functions, design, formula, plan,
74	74	7 recommendation, specification, prescription, advertising,
75	75	8 sale, marketing, packaging, labeling, repair, maintenance
76	76	9 or disposal of, or warning or instruction regarding any
77	77	10 product. This definition excludes actions brought by State
78	78	11 or federal regulatory agencies pursuant to statute.
79	79	12 (4) "Seller" means one who, in the course of a
80	80	13 business conducted for the purpose, sells, distributes,
81	81	14 leases, assembles, installs, produces, manufactures,
82	82	15 fabricates, prepares, constructs, packages, labels,
83	83	16 markets, repairs, maintains, or otherwise is involved in
84	84	17 placing a product in the stream of commerce.
85	85	18 (b) Subject to the provisions of subsections (c) and (d)
86	86	19 no product liability action based on the doctrine of strict
87	87	20 liability in tort shall be commenced except within the
88	88	21 applicable limitations period and, in any event, within 12
89	89	22 years from the date of first sale, lease or delivery of
90	90	23 possession by a seller or 10 years from the date of first sale,
91	91	24 lease or delivery of possession to its initial user, consumer,
92	92	25 or other non-seller, whichever period expires earlier, of any
93	93	26 product unit that is claimed to have injured or damaged the
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104	104	1 plaintiff, unless the defendant expressly has warranted or
105	105	2 promised the product for a longer period and the action is
106	106	3 brought within that period.
107	107	4 (b-5) Subject to the provisions of subsections (c) and
108	108	5 (d), no product liability action based on the doctrine of
109	109	6 strict liability in tort shall be commenced except within the
110	110	7 applicable limitations period and within 15 years from the
111	111	8 date of first installation of any medical joint replacement
112	112	9 product that is claimed to have injured or damaged the
113	113	10 plaintiff, unless the defendant expressly has warranted or
114	114	11 promised the product for a longer period and the action is
115	115	12 brought within that period.
116	116	13 (c) No product liability action based on the doctrine of
117	117	14 strict liability in tort to recover for injury or damage
118	118	15 claimed to have resulted from an alteration, modification or
119	119	16 change of the product unit subsequent to the date of first
120	120	17 sale, lease or delivery of possession of the product unit to
121	121	18 its initial user, consumer or other non-seller shall be
122	122	19 limited or barred by subsection (b) hereof if:
123	123	20 (1) the action is brought against a seller making,
124	124	21 authorizing, or furnishing materials for the
125	125	22 accomplishment of such alteration, modification or change
126	126	23 (or against a seller furnishing specifications or
127	127	24 instructions for the accomplishment of such alteration,
128	128	25 modification or change when the injury is claimed to have
129	129	26 resulted from failure to provide adequate specifications
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140	140	1 or instructions), and
141	141	2 (2) the action commenced within the applicable
142	142	3 limitation period and, in any event, within 10 years from
143	143	4 the date such alteration, modification or change was made,
144	144	5 unless defendant expressly has warranted or promised the
145	145	6 product for a longer period and the action is brought
146	146	7 within that period, and
147	147	8 (3) when the injury or damage is claimed to have
148	148	9 resulted from an alteration, modification or change of a
149	149	10 product unit, there is proof that such alteration,
150	150	11 modification or change had the effect of introducing into
151	151	12 the use of the product unit, by reason of defective
152	152	13 materials or workmanship, a hazard not existing prior to
153	153	14 such alteration, modification or change.
154	154	15 (d) Notwithstanding the provisions of subsection (b) and
155	155	16 paragraph (2) of subsection (c) if the injury complained of
156	156	17 occurs within any of the periods provided by subsection (b)
157	157	18 and paragraph (2) of subsection (c), the plaintiff may bring
158	158	19 an action within 2 years, or within 4 years for a medical joint
159	159	20 replacement product, after the date on which the claimant
160	160	21 knew, or through the use of reasonable diligence should have
161	161	22 known, of the existence of the personal injury, death or
162	162	23 property damage, but in no event shall such action be brought
163	163	24 more than 8 years after the date on which such personal injury,
164	164	25 death or property damage occurred. In any such case, if the
165	165	26 person entitled to bring the action was, at the time the
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176	176	1 personal injury, death or property damage occurred, under the
177	177	2 age of 18 years, or under a legal disability, then the period
178	178	3 of limitations does not begin to run until the person attains
179	179	4 the age of 18 years, or the disability is removed.
180	180	5 (e) Replacement of a component part of a product unit with
181	181	6 a substitute part having the same formula or design as the
182	182	7 original part shall not be deemed a sale, lease or delivery of
183	183	8 possession or an alteration, modification or change for the
184	184	9 purpose of permitting commencement of a product liability
185	185	10 action based on the doctrine of strict liability in tort to
186	186	11 recover for injury or damage claimed to have resulted from the
187	187	12 formula or design of such product unit or of the substitute
188	188	13 part when such action would otherwise be barred according to
189	189	14 the provisions of subsection (b) of this Section.
190	190	15 (f) Nothing in this Section shall be construed to create a
191	191	16 cause of action or to affect the right of any person to seek
192	192	17 and obtain indemnity or contribution.
193	193	18 (g) The provisions of this Section 13-213 of this Act
194	194	19 apply to any cause of action accruing on or after January 1,
195	195	20 1979, involving any product which was in or entered the stream
196	196	21 of commerce prior to, on, or after January 1, 1979.
197	197	22 (Source: P.A. 85-907; 86-1329.)
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