United States · Illinois statutory procedure
What discovery period applies to a qualifying Illinois product strict-liability claim?
For the qualifying strict-liability claim, Section 13-213(d) permits two years after actual or reasonable knowledge when injury occurred within its referenced product periods. It also states an eight-year injury cap. The operative text excludes the unconstitutional P.A. 89-7 changes.
- Period
- Two calendar years after the qualifying discovery event, subject to the separate injury cap and prerequisites
- Trigger
- Independently established actual or reasonable knowledge of the qualifying personal injury, death or property damage
- Rule
- 735 ILCS 5/13-213(a)–(g), operative text without P.A. 89-7 changes
Operative Section 13-213 text WITHOUT the changes made by P.A. 89-7, which the official statute labels unconstitutional. Operative source notes P.A. 85-907 and P.A. 86-1329.
Free calculator · No account needed
Calculate your deadline
Loading calculator…
What lawyers say
5.0“The platform is really easy to use.”
Michael B.Employment litigation attorney · California
“The Evidence Record saved us time with our insurance on bankruptcy matters.”
MariaBankruptcy and commercial attorney · London, UK
“The most up-to-date service we could find.”
Li ChenArbitration practitioner · Singapore
Does the product claim qualify for subsection (d)?
Identify the strict-liability-in-tort theory and use the official operative text without P.A. 89-7 changes.
Establish actual or reasonable knowledge and the injury date separately.
Verify injury occurred within the applicable referenced product period and calculate the separate eight-year injury cap.
735 ILCS 5/13-213(a)–(g), operative text without P.A. 89-7 changesWhat does the two-year discovery component measure?
- Identify the strict-liability-in-tort theory and use the official operative text without P.A. 89-7 changes.
- Count two calendar years from actual or reasonable knowledge. Section 13-213(d) also states an eight-year period after injury. The preset does not collect the product sale, alteration or injury dates needed for those separate checks.
- Check the final weekend, statutory holiday and the proper court’s actual calendar.
- Commence the qualifying product action and preserve injury, knowledge, initial sale or delivery, initial non-seller use, alteration and any warranty evidence relevant to the statutory branches.
Section 1.11 excludes a final Saturday, Sunday or statutory holiday and consecutive excluded days. Section 17(a) of the Promissory Note and Bank Holiday Act includes Pulaski Day, Good Friday and the general election for members of the House of Representatives. Check proclamations, the proper court’s actual calendar and clerk access separately. The bundled Illinois calendar covers 2026 and 2027.
5 ILCS 70/1.11What does an independently derived example show?
Fictitious example
Use the operative strict-liability discovery component only after confirming injury within the referenced subsection (b) or (c)(2) period. Independently check the eight-year injury cap and minority or disability branch. Fictitious statutory event, independently established under the precise scope stated in this guide. Use the operative strict-liability discovery component only after confirming injury within the referenced subsection (b) or (c)(2) period. Independently check the eight-year injury cap and minority or disability branch.
| Step | What is counted | Date |
|---|---|---|
| Established statutory event | Independently established actual or reasonable knowledge of the qualifying personal injury, death or property damage | August 2, 2025 |
| Applicable statutory period | Two calendar years after the qualifying discovery event, subject to the separate injury cap and prerequisites | August 2, 2027 |
Fictitious qualifying strict-liability claim. Injury within the product period and a later eight-year cap are independently established. This computes discovery only.
Try these dates in the calculatorWhich qualifications change this statutory calculation?
- The operative edition has narrower scope
- The official statute displays both versions and labels the P.A. 89-7 changes unconstitutional. The operative subsection (a)(3) and (b) concern strict liability in tort, rather than every theory or doctrine.
- Injury must satisfy the referenced product periods
- Subsection (d) requires injury within a period provided by subsection (b) or paragraph (c)(2). Subsection (b) compares twelve years from first seller sale or delivery and ten years to the initial non-seller, with the stated longer-promise qualification.
- The injury cap is a separate input
- Subsection (d) states that the action must not be brought more than eight years after the injury, death or property damage. A discovery result alone does not establish compliance with that cap.
- Minority or disability at injury needs its own branch
- The subsection addresses a person under eighteen or under legal disability when injury occurred. Its period does not begin until eighteen or disability removal. Do not assume the ordinary adult calculation covers those facts.
- Alteration and replacement do not share one trigger
- Subsection (c) has specific seller involvement and alteration qualifications. Under operative subsection (e), a substitute component with the same formula or design does not automatically restart the product period.
- This calculation does not determine whether relief is available or whether the facts satisfy the statute.
- A current statutory edition does not establish the law for every historical claim. Preserve the applicable edition and actual orders.
What must be completed and preserved?
Questions about 735 ILCS 5/13-213(a)–(g), operative text without P.A. 89-7 changes
What discovery period applies to a qualifying Illinois product strict-liability claim?
Does Section 13-213 apply the same period to every product theory?
The operative text without unconstitutional P.A. 89-7 changes defines the covered action by strict liability in tort. Identify the theory and applicable statute.
735 ILCS 5/13-213(a)–(g), operative text without P.A. 89-7 changesCan discovery after the product period always rescue the claim?
Subsection (d) requires the injury to occur within its referenced periods. Establish that prerequisite and the separate injury cap.
735 ILCS 5/13-213(a)–(g), operative text without P.A. 89-7 changesDoes replacing a component always restart the product clock?
No. Operative subsection (e) addresses replacement by a component with the same formula or design and prevents the stated restart.
735 ILCS 5/13-213(a)–(g), operative text without P.A. 89-7 changesOfficial statutory sources and review
Provisions used (6)
| Provision | Purpose |
|---|---|
| 735 ILCS 5/13-213(a)–(g), operative text without P.A. 89-7 changes | The specific statutory actor, triggering event, period and qualifications |
| 5 ILCS 70/1.11 | Triggering-day exclusion and the final eligible day |
| 205 ILCS 630/17(a), (d) | Illinois statutory holidays and consecutive excluded days |
| Illinois Supreme Court Rule 9(f) | Applicable court filing, service and proof requirements, separate from agency service |
| Illinois Supreme Court Rule 11 | Applicable court filing, service and proof requirements, separate from agency service |
| Illinois Supreme Court Rule 12 | Applicable court filing, service and proof requirements, separate from agency service |