Illinois Compiled Statutes
410 ILCS 45/15 (2026)
Other relief
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(410 ILCS 45/15)
(from Ch. 111 1/2, par. 1315)
Sec. 15.
Other relief.
Nothing in this Act shall be interpreted or
applied in any manner to defeat or impair the right of any person, entity,
municipality or other political subdivision to maintain an action or suit
for damages sustained or for equitable relief, or for violation of an
ordinance by reason of or in connection with any violation of this Act. The
failure to remove lead based substances within the time prescribed by this
Act shall be prima facie evidence of negligence in any action brought to
recover damages for injuries incurred after the expiration of that period.
This Act shall not prohibit any city, village, incorporated township or
other political subdivision from enacting and enforcing ordinances
establishing a system of lead poisoning control which provide the same or
higher standards than those set forth in this Act.
(Source: P.A. 87-175.)
Notes of Decisions
Cited in 4
cases, 1998–2003 · leading case: Abbasi Ex Rel. Abbasi v. Paraskevoulakos, 718 N.E.2d 181 (Ill. 1999).
Abbasi Ex Rel. Abbasi v. Paraskevoulakos, 718 N.E.2d 181 (Ill. 1999). “This Act shall not prohibit any city * * * or other political subdivision from enacting and enforcing ordinances establishing a system of lead poisoning control which provide the same or higher standards than those set forth in this Act.”
Abbasi v. Paraskevoulakos, 694 N.E.2d 1064 (Ill. App. Ct. 1st Dist. 1998). “The Act refers to certain landlord conduct being “prima facie evidence of negligence” (410 ILCS 45/15 (West 1994)). Since the Act creates a negligence action of sorts, I believe the General Assembly did not intend, by its silence, to create a broader, easier-to-prove strict…”
Abbasi v. Paraskevoulakos, No. 85835 (Ill. July 1, 1999). “This Act shall not prohibit any city *** or other political subdivision from enacting and enforcing ordinances establishing a system of lead poisoning control which provide the same or higher standards than those set forth in this Act.”
Test Drilling Serv. Co. v. Hanor Co., 322 F. Supp. 2d 957 (C.D. Ill. 2003). “(comparing Lead Poisoning Prevention Act, which provided that failure to remove lead hazard was prima facie evidence of negligence, 410 ILCS 45/15,- with Consignment of Art Act, which provided that an art dealer is strictly liable for loss or damage to work of fine art while in…”
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