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(735 ILCS 5/2-2106)
(This Section was added by P.A. 89-7, which has been held unconstitutional)
Provision of written warnings to users of product;
(a) The warning, instructing, or labeling of a product or specific product
component shall be deemed to be adequate if pamphlets, booklets, labels,
or other written warnings were provided that gave adequate notice to reasonably
anticipated users or knowledgeable intermediaries of the material risks of
injury, death, or property damage connected with the reasonably anticipated use
of the product and instructions as to the reasonably anticipated uses,
applications, or limitations of the product
anticipated by the defendant.
(b) In the defense of a product liability action, warnings, instructions or
labeling shall be deemed to be adequate if the warnings, instructions or labels
furnished with the product were in conformity with the generally recognized
standards in the industry at the time the product was distributed into the
stream of commerce.
(c) Notwithstanding subsections (a) and (b), a defendant shall not be liable
for failure to warn of material risks that were obvious to a reasonably prudent
product user and material risks that were a matter of common knowledge to
persons in the same position as or similar positions to that of the plaintiff
in a product liability action.
(d) In any product liability action brought against a manufacturer or
product seller for harm allegedly caused by a failure to provide adequate
warnings or instructions, a defendant manufacturer or product seller shall not
be liable if, at the time the product left the control of the manufacturer, the
knowledge of the danger that caused the harm was not reasonably available or
obtainable in light of existing scientific, technical, or medical
(Source: P.A. 89-7, eff. 3-9-95