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2-2106.5.Inherent characteristics of products; nonliability.

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

In one sentenceSection 2-2106.5 shields a manufacturer or seller from liability for harm caused by a product's inherent, generic characteristic that can't be removed without substantially undermining the product's usefulness, and that an ordinary person with common knowledge would recognize.

Full Text of 735 ILCS 5/2-2106.5

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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.

Plain-English Summary

Section 2-2106.5 protects against a narrow category of claims: those where the alleged harm comes from an inherent characteristic of the product rather than from a flaw in how it was made or a missing warning. To qualify, the characteristic has to be a generic aspect of the product — one shared by the product type generally, not a defect specific to one unit.

Two further conditions apply. First, the characteristic must be one that can't be eliminated without substantially compromising the product's usefulness or desirability; a sharp knife's edge or a sugar-sweetened product's sugar content are the kind of features this language points toward, since removing them would defeat the product's purpose. Second, the characteristic has to be recognized by the ordinary person with the ordinary knowledge common to the community — meaning the risk is one that common experience already accounts for, not a hidden danger.

This is a narrower defense than the warning provisions in Section 2-2106. It doesn't ask whether the manufacturer gave adequate notice of a risk; it asks whether the risk is an unavoidable, commonly understood feature of what the product is.

Frequently Asked Questions

What is an "inherent characteristic" under this section?

A generic aspect of the product — one common to the product type rather than a flaw in a specific unit — that causes the alleged harm.

Does this section protect against liability for design defects generally?

No. It's narrower than a general design-defect defense. It applies only to a characteristic that is generic to the product, that can't be eliminated without substantially compromising the product's usefulness or desirability, and that ordinary people with common knowledge would recognize.

What does "recognized by the ordinary person" mean here?

It means the risk from the characteristic is one that a person with the ordinary knowledge common to the community would already understand, rather than a hidden or surprising danger.

Can a manufacturer use this defense for any risky feature of a product?

Only for a feature that is generic to the product, can't be removed without substantially compromising its usefulness or desirability, and is commonly recognized. It isn't a general shield for every alleged product risk.

How does this section relate to the warnings addressed in Section 2-2106?

Section 2-2106 asks whether the manufacturer gave adequate warning of a risk. Section 2-2106.5 instead addresses risks so inherent and commonly understood that they're treated differently from a warnings analysis.

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: inherent characteristic defense illinois product liabilitygeneric product risk defense illinoisobvious product risk manufacturer liability illinois