(735 ILCS 5/2-2101)
(This Section was added by P.A. 89-7, which has been held unconstitutional)
For purposes of this Part, the terms listed
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
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
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