735 ILCS 5/13-213
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article XIII - Limitations

 (from Ch. 110, par. 13-213)(Text of Section WITH the changes made by P.A. 89-7, which has been held  unconstitutional)Sec. 13-213.     Product liability; statute of repose.(a) As used in this Section, the term:(1) "Alteration, modification or change" or "altered,     modified, or changed" means an alteration, modification or change that was made in the original makeup characteristics, function or design of a product or in the original recommendations, instructions and warnings given with respect to a product including the failure properly to maintain and care for  a product.(2) "Product" means any tangible object or goods     distributed in commerce, including any service provided in connection with the product. Where the term "product unit" is used, it refers to a single item or unit of a product.(3) "Product liability action" means any action based     on any theory or doctrine brought against the seller of a product on account of personal injury, (including illness, disease, disability and death) or property, economic or other damage allegedly caused by or resulting from the manufacture, construction, preparation, assembly, installation, testing, makeup, characteristics, functions, design, formula, plan, recommendation, specification, prescription, advertising, sale, marketing, packaging, labeling, repair, maintenance or disposal of, or warning or instruction regarding any product.  This definition excludes actions brought by State or federal regulatory agencies pursuant to statute.(4) "Seller" means one who, in the course of a     business conducted for the purpose, sells, distributes, leases, assembles, installs, produces, manufactures, fabricates, prepares, constructs, packages, labels, markets, repairs, maintains, or otherwise is involved in placing a product in the stream of commerce.(b) Subject to the provisions of subsections (c) and (d) no product  liability action based on any theory or doctrine shall  be commenced except within the applicable limitations period and, in any  event, within 12 years from the date of first sale, lease or delivery of  possession by a seller or 10 years from the date of first sale, lease or  delivery of possession to its initial user, consumer, or other  non-seller, whichever period expires earlier, of any product unit that  is claimed to have injured or damaged the plaintiff, unless the  defendant expressly has warranted or promised the product for a longer  period and the action is brought within that period.(c) No product liability action based on any theory or doctrine to recover for injury or damage claimed to have  resulted from an alteration, modification or change of the product unit  subsequent to the date of first sale, lease or delivery of possession of  the product unit to its initial user, consumer or other non-seller shall  be limited or barred by subsection (b) hereof if:(1) the action is brought against a seller making,     authorizing, or furnishing materials for the accomplishment of such alteration, modification or change (or against a seller furnishing specifications or instructions for the  accomplishment of such alteration, modification or change when the injury is claimed to have resulted from failure to provide adequate specifications or instructions), and(2) the action commenced within the applicable     limitation period and, in any event, within 10 years from the date such alteration, modification or change was made, unless defendant expressly has warranted or promised the product for a longer period and the action is brought within that period, and(3) when the injury or damage is claimed to have     resulted from an alteration, modification or change of a product unit, there is proof that such alteration, modification or change had the effect of introducing into the use of the product unit, by reason of defective materials or workmanship, a hazard not existing prior to such alteration, modification or change.(d) Notwithstanding the provisions of subsection (b) and paragraph (2)  of subsection (c) if the injury complained of occurs within any of the  periods provided by subsection (b) and paragraph (2) of subsection (c), the  plaintiff may bring an action within 2 years after the date on which the  claimant knew, or through the use of reasonable diligence should have  known, of the existence of the personal injury, death or property damage,  but in no event shall such action be brought more than 8 years after the  date on which such personal injury, death or property damage occurred.  In  any such case, if the person entitled to bring the action was, at the time  the personal injury, death or property damage occurred, under the age of 18  years, or under a legal disability, then the period of limitations does not  begin to run until the person attains the age of 18 years, or the disability  is removed.(e) Replacement of a component part of a product unit with a  substitute part having the same formula or design as the original part  shall not be deemed a sale, lease or delivery of possession or an  alteration, modification or change for the purpose of permitting  commencement of a product liability action based on any theory or  doctrine to recover for injury or damage claimed to have  resulted from the formula or design of such product unit or of the  substitute part when such action would otherwise be barred according to  the provisions of subsection (b) of this Section.(f) Nothing in this Section shall be construed to create a cause of  action or to affect the right of any person to seek and obtain indemnity  or contribution.(g) The provisions of this Section 13-213 of this Act apply to any cause  of action accruing on or after January 1, 1979, involving any product which was  in or entered the stream of commerce prior to, on, or after January 1, 1979.(h) This amendatory Act of 1995 applies to causes of action accruing  on or after its effective date.    (Source: P.A. 89-7, eff. 3-9-95.)(Text of Section WITHOUT the changes made by P.A. 89-7, which has been held  unconstitutional)Sec. 13-213.     Product liability.(a) As used in this Section, the term:(1) "Alteration, modification or change" or "altered,     modified, or changed" means an alteration, modification or change that was made in the original makeup characteristics, function or design of a product or in the original recommendations, instructions and warnings given with respect to a product including the failure properly to maintain and care for  a product.(2) "Product" means any tangible object or goods     distributed in commerce, including any service provided in connection with the product. Where the term "product unit" is used, it refers to a single item or unit of a product.(3) "Product liability action" means any action based     on the doctrine of strict liability in tort brought against the seller of a product on account of personal injury, (including illness, disease, disability and death) or property, economic or other damage allegedly caused by or resulting from the manufacture, construction, preparation, assembly, installation, testing, makeup, characteristics, functions, design, formula, plan, recommendation, specification, prescription, advertising, sale, marketing, packaging, labeling, repair, maintenance or disposal of, or warning or instruction regarding any product.  This definition excludes actions brought by State or federal regulatory agencies pursuant to statute.(4) "Seller" means one who, in the course of a     business conducted for the purpose, sells, distributes, leases, assembles, installs, produces, manufactures, fabricates, prepares, constructs, packages, labels, markets, repairs, maintains, or otherwise is involved in placing a product in the stream of commerce.(b) Subject to the provisions of subsections (c) and (d) no product  liability action based on the doctrine of strict  liability in tort shall  be commenced except within the applicable limitations period and, in any  event, within 12 years from the date of first sale, lease or delivery of  possession by a seller or 10 years from the date of first sale, lease or  delivery of possession to its initial user, consumer, or other  non-seller, whichever period expires earlier, of any product unit that  is claimed to have injured or damaged the plaintiff, unless the  defendant expressly has warranted or promised the product for a longer  period and the action is brought within that period.(c) No product liability action based on the doctrine of strict  liability in tort to recover for injury or damage claimed to have  resulted from an alteration, modification or change of the product unit  subsequent to the date of first sale, lease or delivery of possession of  the product unit to its initial user, consumer or other non-seller shall  be limited or barred by subsection (b) hereof if:(1) the action is brought against a seller making,     authorizing, or furnishing materials for the accomplishment of such alteration, modification or change (or against a seller furnishing specifications or instructions for the  accomplishment of such alteration, modification or change when the injury is claimed to have resulted from failure to provide adequate specifications or instructions), and(2) the action commenced within the applicable     limitation period and, in any event, within 10 years from the date such alteration, modification or change was made, unless defendant expressly has warranted or promised the product for a longer period and the action is brought within that period, and(3) when the injury or damage is claimed to have     resulted from an alteration, modification or change of a product unit, there is proof that such alteration, modification or change had the effect of introducing into the use of the product unit, by reason of defective materials or workmanship, a hazard not existing prior to such alteration, modification or change.(d) Notwithstanding the provisions of subsection (b) and paragraph (2)  of subsection (c) if the injury complained of occurs within any of the  periods provided by subsection (b) and paragraph (2) of subsection (c), the  plaintiff may bring an action within 2 years after the date on which the  claimant knew, or through the use of reasonable diligence should have  known, of the existence of the personal injury, death or property damage,  but in no event shall such action be brought more than 8 years after the  date on which such personal injury, death or property damage occurred.  In  any such case, if the person entitled to bring the action was, at the time  the personal injury, death or property damage occurred, under the age of 18  years, or under a legal disability, then the period of limitations does not  begin to run until the person attains the age of 18 years, or the disability  is removed.(e) Replacement of a component part of a product unit with a  substitute part having the same formula or design as the original part  shall not be deemed a sale, lease or delivery of possession or an  alteration, modification or change for the purpose of permitting  commencement of a product liability action based on the  doctrine of  strict liability in tort to recover for injury or damage claimed to have  resulted from the formula or design of such product unit or of the  substitute part when such action would otherwise be barred according to  the provisions of subsection (b) of this Section.(f) Nothing in this Section shall be construed to create a cause of  action or to affect the right of any person to seek and obtain indemnity  or contribution.(g) The provisions of this Section 13-213 of this Act apply to any cause  of action accruing on or after January 1, 1979, involving any product which was  in or entered the stream of commerce prior to, on, or after January 1, 1979.    (Source: P.A. 85-907; 86-1329.)