Illinois Statute of Limitations for Defective Products

Every year, many people suffer injuries caused by unsafe and defective products. This highlights the crucial issue of consumer safety. Companies that manufacture and sell products are responsible for ensuring that the products in the market are safe. Products should also come with enough information or warnings about their potential risks. This comes from public policy. Consumers should be able to use items without fear of harm from product design defects, manufacturing flaws, or insufficient warning labels.

This article offers an overview of product liability law in Illinois. It examines the types of product defect claims and highlights important legal concepts one should know when filing a claim.

Understanding Statute of Limitations

When injuries happen because of defective products or designs, affected people have legal recourse. Victims can hold the manufacturers, sellers, distributors, or other entities accountable for damages.

It's crucial to remember that victims do not have an unlimited amount of time to file for damages or compensation. State laws have a limitation period that they should observe when pursuing a legal action. This limitation period is the statute of limitations. For anyone looking at filing a legal claim for defective products, it is crucial to learn about these time limits.

The statute of limitations is a legal concept that sets a time limit for a party to file a legal claim. It fosters general fairness for the parties. On one hand, it secures the reliability of evidence and witness integrity. Because of this time limit, plaintiffs must promptly act on legal claims. Meanwhile, the limitation period keeps defendants from having a legal matter hanging over their heads indefinitely.

Types of Product Defect Claims

Illinois state law acknowledges three types of product liability claims:

Strict Liability

This legal doctrine applies to defective products sold, leased, or distributed that can potentially cause injury. Under this concept, the plaintiff does not need to prove negligence by the seller, manufacturer, or distributor. Instead, the law imposes liability based on the product's defective nature. To establish a strict liability claim, the plaintiff should show the following key elements:

• When the product left the manufacturer's control, it was unreasonably dangerous
• The defect was already present when it left the manufacturer's control
• That defect caused the plaintiff's injury

Breach of Warranty

There are two types of warranty breaches:

Breach of implied warranty

An implied warranty is a guarantee the seller or manufacturer provides that is not explicitly written. Instead, these warranties are automatically presumed about the real property or goods sold. Some examples of implied warranties are as follows:

• Implied warranty of merchantability
• Implied warranty of fitness
• Implied warranty of marketability
• Implied warranty of habitability

Breach of express warranty

Express warranties are the characteristics that the seller explicitly or directly states about the real property or goods sold. These warranties are in a written contract or mentioned orally.

Negligence

Negligence applies to the manufacturer, distributor, retailer, or others involved in making or selling the product. This could cover claims of a manufacturing defect or a failure to warn consumers about the product's dangers.

Illinois Product Defect Statute of Limitations

Illinois Code of Civil Procedures (Comp. Stat. 735 ILCS 5/12-901) governs the statute of limitations in Illinois for product liability cases. The limitation period is as follows:

• For personal injury lawsuits: two-year statute of limitations from the date of the injury or the date when the plaintiff should have discovered the injury.
• For claims related to property damage: five years from when the damage happened.

Special Considerations

The following are some legal doctrines that can affect the running of a statute of limitations.

Discovery Rule

Illinois state law also applies the "discovery rule" in cases of defective products. With the discovery rule, the limitation period does not run until the discovery of the plaintiff's injury or damage.

Statute of Repose

Illinois state law also applies statutes of repose for product liability lawsuits. Here, the law sets a deadline for an injured person to file a lawsuit. This time limit is set regardless of when the plaintiff learned about the injury or the cause of action.

In Illinois, the statute of repose is 10 years from the date of the first sale or 12 years from the manufacturing date, whichever comes earlier.

Illinois Product Liability Laws: Related Resources

• Illinois Statute of Limitations
• Defects in Design
• Manufacturing Defects

Seek Legal Advice

If you or your loved one suffered from injury caused by defective products or product design defects, it is crucial to seek legal advice promptly. A product liability attorney can assess your case and help identify the legal options that you have to secure your right to compensation.

If you have personal injury claims, you can also seek legal advice from a personal injury attorney. An experienced personal injury lawyer can help with the case evaluation and assess the full extent of the damages you suffered. They can also help you gather crucial evidence and represent you in court if necessary.