This amendatory Act of 1995 adding Part 21 to the Code of Civil Procedure applies to causes of action accruing on or after its effective date.
2-2109.
Article II. Civil Practice · Part 21. Product Liability · Last amended 1995 · Last verified July 20, 2026
In one sentenceSection 2-2109 limits Part 21 to causes of action that accrued on or after the 1995 amendatory act's effective date, so older product liability claims aren't governed by these provisions.
Full Text of 735 ILCS 5/2-2109
Plain-English Summary
Section 2-2109 fixes the temporal reach of Part 21. The amendatory Act of 1995 that added Part 21 to the Code of Civil Procedure applies to causes of action accruing on or after its effective date, which the source citation for this Part identifies as March 9, 1995. A claim that accrued before that date isn't governed by Part 21's definitions, presumptions, or defenses.
This accrual-date limitation matters alongside the broader constitutional history of Part 21: the amendatory act that created it, Public Act 89-7, was later held unconstitutional in its entirety by the Illinois Supreme Court. Given that history, confirm the current, court-tested enforceability of Part 21 before relying on its accrual-date rule, or any other provision in Sections 2-2101 through 2-2108, in a specific case.
Frequently Asked Questions
What claims does Part 21 apply to?
Causes of action accruing on or after the effective date of the 1995 amendatory act that added Part 21 to the Code.
What is the effective date of the 1995 amendatory act that created Part 21?
The source citation attached to each section in Part 21 identifies the effective date as March 9, 1995.
Does Part 21 apply to a product liability claim that accrued before 1995?
No. Section 2-2109 limits Part 21's application to causes of action accruing on or after the amendatory act's effective date.
Why does the accrual date matter for Part 21's application?
It draws a clear line between claims Part 21 governs and older claims that remain outside its definitions, presumptions, and defenses, avoiding retroactive application to conduct or injuries that predate the amendatory act.
Is Part 21 still enforceable today given its constitutional history?
Public Act 89-7, the amendatory act that created Part 21, was held unconstitutional in its entirety by the Illinois Supreme Court. Confirm the current status of Part 21 before relying on Section 2-2109 or any other section in this Part.
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: effective date illinois product liability part 211995 amendatory act product liability illinoisaccrual date product liability illinois