102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5312

 

Introduced 1/31/2022, by Rep. Joyce Mason

 

SYNOPSIS AS INTRODUCED:
 
735 ILCS 5/13-213  from Ch. 110, par. 13-213

    Amends the Limitations Article of the Code of Civil Procedure. Extends the statute of repose for a product liability action based on the doctrine of strict liability in tort for any medical joint replacement product that is claimed to have injured or damaged the plaintiff to 15 years from the date of first installation (instead of 12 years from the date of first sale in any case or 10 years from the date of first sale to its initial user, whichever is shorter).


LRB102 25460 LNS 34746 b

 

 

A BILL FOR

 

HB5312LRB102 25460 LNS 34746 b

1    AN ACT concerning civil law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Code of Civil Procedure is amended by
5changing Section 13-213 as follows:
 
6    (735 ILCS 5/13-213)  (from Ch. 110, par. 13-213)
7    (Text of Section WITHOUT the changes made by P.A. 89-7,
8which has been held unconstitutional)
9    Sec. 13-213. Product liability.
10    (a) As used in this Section, the term:
11        (1) "Alteration, modification or change" or "altered,
12    modified, or changed" means an alteration, modification or
13    change that was made in the original makeup
14    characteristics, function or design of a product or in the
15    original recommendations, instructions and warnings given
16    with respect to a product including the failure properly
17    to maintain and care for a product.
18        (2) "Product" means any tangible object or goods
19    distributed in commerce, including any service provided in
20    connection with the product. Where the term "product unit"
21    is used, it refers to a single item or unit of a product.
22        (3) "Product liability action" means any action based
23    on the doctrine of strict liability in tort brought

 

 

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1    against the seller of a product on account of personal
2    injury, (including illness, disease, disability and death)
3    or property, economic or other damage allegedly caused by
4    or resulting from the manufacture, construction,
5    preparation, assembly, installation, testing, makeup,
6    characteristics, functions, design, formula, plan,
7    recommendation, specification, prescription, advertising,
8    sale, marketing, packaging, labeling, repair, maintenance
9    or disposal of, or warning or instruction regarding any
10    product. This definition excludes actions brought by State
11    or federal regulatory agencies pursuant to statute.
12        (4) "Seller" means one who, in the course of a
13    business conducted for the purpose, sells, distributes,
14    leases, assembles, installs, produces, manufactures,
15    fabricates, prepares, constructs, packages, labels,
16    markets, repairs, maintains, or otherwise is involved in
17    placing a product in the stream of commerce.
18    (b) Subject to the provisions of subsections (c) and (d)
19no product liability action based on the doctrine of strict
20liability in tort shall be commenced except within the
21applicable limitations period and, in any event, within 12
22years from the date of first sale, lease or delivery of
23possession by a seller or, except as provided in subsection
24(b-5), 10 years from the date of first sale, lease or delivery
25of possession to its initial user, consumer, or other
26non-seller, whichever period expires earlier, of any product

 

 

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1unit that is claimed to have injured or damaged the plaintiff,
2unless the defendant expressly has warranted or promised the
3product for a longer period and the action is brought within
4that period.
5    (b-5) Subject to the provisions of subsections (c) and
6(d), no product liability action based on the doctrine of
7strict liability in tort shall be commenced except within the
8applicable limitations period and within 15 years from the
9date of first installation of any medical joint replacement
10product that is claimed to have injured or damaged the
11plaintiff, unless the defendant expressly has warranted or
12promised the product for a longer period and the action is
13brought within that period.
14    (c) No product liability action based on the doctrine of
15strict liability in tort to recover for injury or damage
16claimed to have resulted from an alteration, modification or
17change of the product unit subsequent to the date of first
18sale, lease or delivery of possession of the product unit to
19its initial user, consumer or other non-seller shall be
20limited or barred by subsection (b) hereof if:
21        (1) the action is brought against a seller making,
22    authorizing, or furnishing materials for the
23    accomplishment of such alteration, modification or change
24    (or against a seller furnishing specifications or
25    instructions for the accomplishment of such alteration,
26    modification or change when the injury is claimed to have

 

 

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1    resulted from failure to provide adequate specifications
2    or instructions), and
3        (2) the action commenced within the applicable
4    limitation period and, in any event, within 10 years from
5    the date such alteration, modification or change was made,
6    unless defendant expressly has warranted or promised the
7    product for a longer period and the action is brought
8    within that period, and
9        (3) when the injury or damage is claimed to have
10    resulted from an alteration, modification or change of a
11    product unit, there is proof that such alteration,
12    modification or change had the effect of introducing into
13    the use of the product unit, by reason of defective
14    materials or workmanship, a hazard not existing prior to
15    such alteration, modification or change.
16    (d) Notwithstanding the provisions of subsection (b) and
17paragraph (2) of subsection (c) if the injury complained of
18occurs within any of the periods provided by subsection (b)
19and paragraph (2) of subsection (c), the plaintiff may bring
20an action within 2 years after the date on which the claimant
21knew, or through the use of reasonable diligence should have
22known, of the existence of the personal injury, death or
23property damage, but in no event shall such action be brought
24more than 8 years after the date on which such personal injury,
25death or property damage occurred. In any such case, if the
26person entitled to bring the action was, at the time the

 

 

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1personal injury, death or property damage occurred, under the
2age of 18 years, or under a legal disability, then the period
3of limitations does not begin to run until the person attains
4the age of 18 years, or the disability is removed.
5    (e) Replacement of a component part of a product unit with
6a substitute part having the same formula or design as the
7original part shall not be deemed a sale, lease or delivery of
8possession or an alteration, modification or change for the
9purpose of permitting commencement of a product liability
10action based on the doctrine of strict liability in tort to
11recover for injury or damage claimed to have resulted from the
12formula or design of such product unit or of the substitute
13part when such action would otherwise be barred according to
14the provisions of subsection (b) of this Section.
15    (f) Nothing in this Section shall be construed to create a
16cause of action or to affect the right of any person to seek
17and obtain indemnity or contribution.
18    (g) The provisions of this Section 13-213 of this Act
19apply to any cause of action accruing on or after January 1,
201979, involving any product which was in or entered the stream
21of commerce prior to, on, or after January 1, 1979.
22(Source: P.A. 85-907; 86-1329.)