summary
Introduced
01/27/2025
01/27/2025
In Committee
01/28/2025
01/28/2025
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
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.
AI Summary
This bill amends the Illinois Code of Civil Procedure to modify the statute of limitations for product liability actions, specifically focusing on medical joint replacement products. The bill introduces a new 15-year time limit for filing strict liability claims related to medical joint replacement products, measured from the date of first installation. If personal injury, death, or property damage occurs within 12 years from the first sale or delivery, or 10 years from the first sale to an initial user, the plaintiff can file a lawsuit within 4 years after discovering the injury (or through reasonable diligence should have discovered it), but no more than 8 years after the actual occurrence of the injury. The bill defines key terms such as "product," "seller," and "product liability action," and provides specific provisions for actions involving alterations or modifications to products. This legislation aims to provide clearer guidelines for when legal claims can be brought against manufacturers or sellers of medical joint replacement products, balancing the interests of consumers and manufacturers by establishing definitive time frames for potential lawsuits.
Sponsors (6)
Tom Weber (R)*,
Mike Coffey (R),
C.D. Davidsmeyer (R),
Amy Grant (R),
Norine Hammond (R),
Marty McLaughlin (R),
Last Action
Added Co-Sponsor Rep. Amy L. Grant (on 03/13/2025)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.ilga.gov/legislation/BillStatus.asp?DocNum=1796&GAID=18&DocTypeID=HB&SessionID=114&GA=104 |
| BillText | https://www.ilga.gov/legislation/104/HB/10400HB1796.htm |
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