Illinois Compiled Statutes
735 ILCS 5/2-2101 (2026)
Definitions
✓ current as of May 2026
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(735 ILCS 5/2-2101)
(This Section was added by P.A. 89-7, which has been held unconstitutional)
Sec. 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.
(Source: P.A. 89-7, eff. 3-9-95.)
Notes of Decisions
Cited in 2
cases, 1995–2005 · leading case: Caterpillar, Inc. v. Usinor Industeel, 393 F. Supp. 2d 659 (N.D. Ill. 2005).
Caterpillar, Inc. v. Usinor Industeel, 393 F. Supp. 2d 659 (N.D. Ill. 2005). “Moreover, although the court was willing to consider that § 2-621 could apply to an action in contract, the court found that a breach of implied warranty was not a "product liability” claim as the term was defined by 735 ILCS 5/2-2101, because the product had caused no damage to…”
Gozenpud v. Crown Controls Corp., 897 F. Supp. 372 (N.D. Ill. 1995). “” 735 ILCS 5/2-2101 (Emphasis added). Apparently Crown is in the business of repairing.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.
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