RulesofCivilProcedure.com Civil Procedure · Every State

2-2102.Effect on other laws.

Article II. Civil Practice · Part 21. Product Liability · Last amended 1995 · Last verified July 20, 2026

In one sentenceSection 2-2102 says any civil action that meets Section 2-2101's definition of a product liability action is governed by Part 21's rules, unless another law provides otherwise.

Full Text of 735 ILCS 5/2-2102

Text size

Except as may be provided by other laws, any civil action that conforms to the definition of a product liability action as defined in Section 2-2101 of this Part shall be governed by the provisions of this Part.

Plain-English Summary

Section 2-2102 is the gateway provision for Part 21. Before any of the presumptions or defenses in the rest of the Part come into play, a court has to determine whether the civil action in front of it fits Section 2-2101's definition of a "product liability action" — a civil action, on any theory, against a manufacturer or product seller for harm caused by a product. If it does, Part 21 governs.

The section opens with a qualifier: "except as may be provided by other laws." That leaves room for other Illinois statutes to override or supplement Part 21's rules for particular kinds of claims, rather than treating Part 21 as the only word on the subject.

Part 21 was added by Public Act 89-7, which the Illinois Supreme Court later held unconstitutional in its entirety. As with the rest of Part 21, confirm current enforceability before assuming this gateway provision controls a pending case.

Frequently Asked Questions

When does Part 21 apply to a civil case?

Whenever the case fits Section 2-2101's definition of a product liability action — a civil action, on any theory, against a manufacturer or product seller for harm caused by a product — unless another law provides otherwise.

What happens if another Illinois law addresses the same product liability issue?

Section 2-2102 opens with "except as may be provided by other laws," so it doesn't claim to be the exclusive source of rules whenever another statute speaks to the same subject.

Does Section 2-2102 create new claims or rights?

No. It's a scope provision that determines when Part 21's definitions, presumptions, and defenses apply to an existing civil action; it doesn't itself create a cause of action.

How does a court decide whether an action is a "product liability action"?

By applying Section 2-2101's definition: any civil action, regardless of the legal theory pled, brought against a manufacturer or product seller for harm caused by a product.

Should I assume Part 21 currently governs my product liability case?

Not without checking further. Part 21 came from Public Act 89-7, which the Illinois Supreme Court held unconstitutional in its entirety, so confirm the current status of Part 21 before relying on it.

Amendment History

(Source: P.A. 89-7, eff. 3-9-95.)

Source & verification. Section text and amendment history are reproduced verbatim from the Illinois Compiled Statutes, published by the Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026. · Official source
Also known as: illinois product liability part 21 scopewhich law governs product liability illinoisproduct liability action definition applies illinois