§ 5/2-2101 Definitions

Codes > Illinois Compiled Statutes > Chapter 735 > Act 5 : Article II > Part 21 : 5/2-2101 Definitions

§ 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.

    VALIDITY

    Public Act 89-7, which added this section, has been held unconstitutional in its entirety by the Illinois Supreme Court in the case of Best v. Taylor Machine Works, 1997, 689 N.E.2d 1057, 228 Ill.Dec. 636, 179 Ill.2d 367.