§ 5/2-2105 Changes in design or warning; inadmissibility

Codes > Illinois Compiled Statutes > Chapter 735 > Act 5 : Article II > Part 21 : 5/2-2105 Changes

§ 2-2105. Changes in design or warning; inadmissibility.

    When measures are taken which, if taken previously, would have made an event less likely to occur, evidence of the subsequent measures is not admissible to prove a defect in a product, negligence, or culpable conduct in connection with the event. In a product liability action brought under any theory or doctrine, if the feasibility of a design change or change in warnings is not controverted, then a subsequent design change or change in warnings shall not be admissible into evidence. This rule does not require the exclusion of evidence of subsequent measures when offered for another
purpose such as proving ownership, control, or impeachment.

    VALIDITY

    Public Act 89-7, which added this section, has been held unconstitutional in its entirety by the Illinois Supreme Court in the case of Best v. Taylor Machine Works, 1997, 689 N.E.2d 1057, 228 Ill.Dec. 636, 179 Ill.2d 367.