United States · Illinois limitation periods

Which Illinois product-liability repose periods must be compared?

The operative Section 13-213(b) strict-liability provision compares twelve years from first sale, lease or delivery by a seller with ten years from first delivery to the initial user, consumer or other non-seller. The earlier boundary ordinarily controls, subject to subsections (c) and (d), an express longer warranty and the applicable limitation period.

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Read why no date is calculated

Period: Earlier ordinary twelve-year seller and ten-year initial-user boundaries
Trigger: First seller disposition, initial-user delivery, injury and any qualifying alteration
Rule: 735 ILCS 5/13-213(b)–(g), operative text WITHOUT P.A. 89-7

735 ILCS 5/13-213(b)–(g), operative text WITHOUT P.A. 89-7

Operative Section 13-213 text WITHOUT unconstitutional P.A. 89-7 changes, source P.A. 85-907 and 86-1329. Current official compilation corroborated; individual review October 7, 2026.

Source guide · No automated date

Which product unit, theory and first disposition dates matter?

Two ordinary disposition boundaries and materially different warranty, alteration and discovery branches cannot be selected by one twelve-year input.

735 ILCS 5/13-213(b)–(g), operative text WITHOUT P.A. 89-7

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Which product unit, theory and first disposition dates matter?

Identify the actual product unit, seller and strict-liability theory under the operative text without unconstitutional P.A. 89-7 changes.

Establish the first seller sale, lease or delivery and the separate first delivery to the initial user, consumer or other non-seller.

Preserve injury and discovery dates, alteration evidence, express longer warranties and the separately applicable limitation period.

735 ILCS 5/13-213(b)–(g), operative text WITHOUT P.A. 89-7

Why is twelve years from a single delivery insufficient?

Identify the actual product unit, seller and strict-liability theory under the operative text without unconstitutional P.A. 89-7 changes.
Establish the first seller sale, lease or delivery and the separate first delivery to the initial user, consumer or other non-seller.
Preserve injury and discovery dates, alteration evidence, express longer warranties and the separately applicable limitation period.
Ordinarily compare the twelve-year seller boundary with the ten-year initial-user boundary. They have different events. Subsection (d) separately permits its discovery branch when injury occurs within the qualifying repose window. That branch also requires a two-year discovery period and an eight-year injury boundary, with its stated minority or disability qualification.
Commence the properly classified action within the applicable periods. Preserve product history and evidence supporting any alteration, warranty or discovery branch.

No computed date is published. Establish the applicable statutory periods and then check their governing counting and closed-day provisions separately.

735 ILCS 5/13-213(b)–(g), operative text WITHOUT P.A. 89-7

What distinguishes the relevant statutory branches?

Fictitious comparison. Two units share a first seller date but reach their initial users at different times. Their ten-year boundaries can differ even though a twelve-year preset returns the same date.

Two ordinary disposition boundaries and materially different warranty, alteration and discovery branches cannot be selected by one twelve-year input.

Which qualifications change the filing period?

An express longer warranty is a stated exception: Subsection (b) preserves the defendant’s express longer warranty or promise when the action is brought within that period. Do not infer such a promise from product life expectancy.
A qualifying alteration has cumulative conditions: Subsection (c) requires the specified responsible seller, timely action under the applicable limitation and ten-year alteration period unless expressly longer, and proof of a newly introduced hazard from defective materials or workmanship.
Replacement does not automatically restart time: Subsection (e) excludes same-formula or same-design replacement as a new sale or alteration to revive an otherwise barred formula or design claim.
The invalid broader text is not used: The official compilation also prints unconstitutional P.A. 89-7 wording applying to any theory or doctrine. This guide uses the operative strict-liability text and the January 1, 1979 accrual applicability in subsection (g).

735 ILCS 5/13-213(b)–(g), operative text WITHOUT P.A. 89-7

This source guide computes no date and does not determine whether the required facts are established.
Preserve the operative edition, actual documents and relevant court orders. Historical applicability requires its own review.

What must be completed and preserved?

Identify the actual product unit, seller and strict-liability theory under the operative text without unconstitutional P.A. 89-7 changes.
Establish the first seller sale, lease or delivery and the separate first delivery to the initial user, consumer or other non-seller.
Preserve injury and discovery dates, alteration evidence, express longer warranties and the separately applicable limitation period.
Subsection (b) preserves the defendant’s express longer warranty or promise when the action is brought within that period. Do not infer such a promise from product life expectancy.
Subsection (c) requires the specified responsible seller, timely action under the applicable limitation and ten-year alteration period unless expressly longer, and proof of a newly introduced hazard from defective materials or workmanship.
Subsection (e) excludes same-formula or same-design replacement as a new sale or alteration to revive an otherwise barred formula or design claim.
The official compilation also prints unconstitutional P.A. 89-7 wording applying to any theory or doctrine. This guide uses the operative strict-liability text and the January 1, 1979 accrual applicability in subsection (g).
Commence the properly classified action within the applicable periods. Preserve product history and evidence supporting any alteration, warranty or discovery branch. File with the proper clerk in the required format. Rule 9 ordinarily requires civil electronic filing, subject to its exceptions and exemptions. Rule 9(f) ordinarily requires submission before midnight in the court time zone unless a statute, rule or actual order specifies a different time. A submission on a closed clerk day ordinarily receives the next open-day stamp. Preserve the actual electronic file mark, receipt and any filing-relief order. Filing and service are distinct acts.

Questions about 735 ILCS 5/13-213(b)–(g), operative text WITHOUT P.A. 89-7