§ 5/2-2106.5 Inherent characteristics of products; nonliability

Codes > Illinois Compiled Statutes > Chapter 735 > Act 5 : Article II > Part 21 : 5/2-2106.5 Inherent

§ 2-2106.5. Inherent characteristics of products; nonliability.

    In a product liability action, a manufacturer or product seller shall not be liable for harm allegedly caused by a product if the alleged harm was caused by an inherent characteristic of the product which is a generic aspect of the product that cannot be eliminated without substantially compromising the product's usefulness or desirability and which is recognized by the ordinary person with the ordinary knowledge common to the community.

    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.