Illinois Compiled Statutes
735 ILCS 5/13-213 (2026)
Product liability; statute of repose
✓ current as of May 2026
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(735 ILCS 5/13-213)
(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.)
Notes of Decisions
Cited in 33
cases (7 in the last 5 years), 1994–2025 · leading case: Mitsias v. I-Flow Corp., 2011 IL App (1st) 101126 (Ill. App. Ct. 2011).
Mitsias v. I-Flow Corp., 2011 IL App (1st) 101126 (Ill. App. Ct. 2011). “” 735 ILCS 5/13-213 (West 2008). Thus, the products liability statute makes a clear distinction between the statute of repose, -10- which is either 10 years or 12 years depending on the product’s sales history, and the statute of limitations for products liability actions, which…”
Best v. Taylor Mach. Works, 689 N.E.2d 1057 (Ill. 1997). “1 (West 1996)), (5) the product liability certificate of merit (735 ILCS 5/2-623 (West 1996)), (6) the product liability statute of repose (735 ILCS 5/13-213(b) (West 1996)), (7) the product liability presumptions (735 ILCS 5/2-2103, 2-2104, 2-2106 (West 1996)) and (8) the…”
Davis v. Toshiba MacH. Co., Am., 710 N.E.2d 399 (Ill. 1999). “She contended that the press was defective and unreasonably dangerous because the machine did not include shields, guards, or other protective devices between the press rollers and its ink levelers.”
Mitsias v. I-Flow Corp., 959 N.E.2d 94 (Ill. App. Ct. 2011). “" 735 ILCS 5/13-213 (West 2008). Thus, the products liability statute makes a clear distinction between the statute of repose, which is either 10 years or 12 years depending on the product's sales history, and the statute of limitations for products liability actions, which is 2…”
Kornfeind, W. v. New Werner Holding Co., 241 A.3d 1212 (Pa. Super. Ct. 2020). “-7- J-A13033-20 735 ILCS 5/13-213(b) (effective 1/01/1991 to 3/8/1995).”
Blue v. Env't Eng'g, Inc., 828 N.E.2d 1128 (Ill. 2005). “735 ILCS 5/13-213(b) (West 1994). The jury returned a general verdict against Browning and third-party defendant John M.”
Frank J. Schweihs v. Thomas Burdick, Charlene Mitchell, & Simon & Schuster, a Corp., 96 F.3d 917 (7th Cir. 1996). “, 735 ILCS 5/13-212(b) (eight year limit for medical malpractice); 735 ILCS 5/13-213(d) (eight year limit in product liability cases); 735 ILCS 5/13-214 (ten year limit for tort or contract action for construction design); 735 ILCS 5/13-214.”
Allstate Ins. Co. v. Menards, Inc., 782 N.E.2d 258 (Ill. 2002). “ANALYSIS The dispute between our appellate districts, acknowledged by the federal courts, arises from differing interpretations of section 13-213 of the Code of Civil Procedure (Code) (735 ILCS 5/13-213 (West 2000)). The relevant text of section 13-213 reads as follows: " §…”
State Farm Fire & Cas. Co. v. Watts Regulator Co., 2016 IL App (2d) 160275 (Ill. App. Ct. 2016). “However, Watts points to no evidence that State Farm actually manipulated its filing date for this purpose, and, as in every case, State Farm had to be cognizant of the two-year limitations period for product-liability claims (735 ILCS 5/13-213(d) (West 2014)).”
Sille v. McCann Constr. Specialties Co., 638 N.E.2d 676 (Ill. App. Ct. 1994). “13-213(d); 735 ILCS 5/13-213(d) (West 1992)) states: "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…”
Pommier v. Jungheinrich Lift Truck Corp., 2018 IL App (3d) 170116 (Ill. App. Ct. 2018). “¶ 29 We reject plaintiff's definition because "alteration, modification or change" is already defined by statute as "an alteration, modification or change that was made in the original makeup characteristics, function or design of a product or in the original recommendations,…”
Crisman v. Peoria & Pekin Union Ry. Co., 846 F. Supp. 716 (C.D. Ill. 1994). “Section 5/13-213(b) provides in relevant part: Subject to the provisions of subsections (c) and (d) no product liability action based upon the doctrine of strict liability in tort shall be commenced except within the applicable limitations period and, in any event, within 12…”
— 735 ILCS 5/13-213(a)(1) — 2 cases
Pommier v. Jungheinrich Lift Truck Corp., 2018 IL App (3d) 170116 (Ill. App. Ct. 2018). “¶ 29 We reject plaintiff's definition because "alteration, modification or change" is already defined by statute as "an alteration, modification or change that was made in the original makeup characteristics, function or design of a product or in the original recommendations,…”
Pommier v. Jungheinrich Lift Trick Corp., 2018 IL App (3d) 170116 (Ill. App. Ct. 2018).
— 735 ILCS 5/13-213(b) — 13 cases
Best v. Taylor Mach. Works, 689 N.E.2d 1057 (Ill. 1997). “1 (West 1996)), (5) the product liability certificate of merit (735 ILCS 5/2-623 (West 1996)), (6) the product liability statute of repose (735 ILCS 5/13-213(b) (West 1996)), (7) the product liability presumptions (735 ILCS 5/2-2103, 2-2104, 2-2106 (West 1996)) and (8) the…”
Kornfeind, W. v. New Werner Holding Co., 241 A.3d 1212 (Pa. Super. Ct. 2020). “-7- J-A13033-20 735 ILCS 5/13-213(b) (effective 1/01/1991 to 3/8/1995).”
Blue v. Env't Eng'g, Inc., 828 N.E.2d 1128 (Ill. 2005). “735 ILCS 5/13-213(b) (West 1994). The jury returned a general verdict against Browning and third-party defendant John M.”
Davis v. Toshiba MacH. Co., Am., 710 N.E.2d 399 (Ill. 1999). “She contended that the press was defective and unreasonably dangerous because the machine did not include shields, guards, or other protective devices between the press rollers and its ink levelers.”
Crisman v. Peoria & Pekin Union Ry. Co., 846 F. Supp. 716 (C.D. Ill. 1994). “Section 5/13-213(b) provides in relevant part: Subject to the provisions of subsections (c) and (d) no product liability action based upon the doctrine of strict liability in tort shall be commenced except within the applicable limitations period and, in any event, within 12…”
— 735 ILCS 5/13-213(c) — 1 case
Moore v. Mount Sinai Hosp. Med. Ctr. of Chicago, 2020 IL App (1st) 190321-U (Ill. App. Ct. 2020).
— 735 ILCS 5/13-213(c)(2) — 1 case
Crisman v. Peoria & Pekin Union Ry. Co., 846 F. Supp. 716 (C.D. Ill. 1994). “Section 5/13-213(b) provides in relevant part: Subject to the provisions of subsections (c) and (d) no product liability action based upon the doctrine of strict liability in tort shall be commenced except within the applicable limitations period and, in any event, within 12…”
— 735 ILCS 5/13-213(d) — 12 cases
Mitsias v. I-Flow Corp., 2011 IL App (1st) 101126 (Ill. App. Ct. 2011). “” 735 ILCS 5/13-213 (West 2008). Thus, the products liability statute makes a clear distinction between the statute of repose, -10- which is either 10 years or 12 years depending on the product’s sales history, and the statute of limitations for products liability actions, which…”
Davis v. Toshiba MacH. Co., Am., 710 N.E.2d 399 (Ill. 1999). “She contended that the press was defective and unreasonably dangerous because the machine did not include shields, guards, or other protective devices between the press rollers and its ink levelers.”
Mitsias v. I-Flow Corp., 959 N.E.2d 94 (Ill. App. Ct. 2011). “" 735 ILCS 5/13-213 (West 2008). Thus, the products liability statute makes a clear distinction between the statute of repose, which is either 10 years or 12 years depending on the product's sales history, and the statute of limitations for products liability actions, which is 2…”
Frank J. Schweihs v. Thomas Burdick, Charlene Mitchell, & Simon & Schuster, a Corp., 96 F.3d 917 (7th Cir. 1996). “, 735 ILCS 5/13-212(b) (eight year limit for medical malpractice); 735 ILCS 5/13-213(d) (eight year limit in product liability cases); 735 ILCS 5/13-214 (ten year limit for tort or contract action for construction design); 735 ILCS 5/13-214.”
State Farm Fire & Cas. Co. v. Watts Regulator Co., 2016 IL App (2d) 160275 (Ill. App. Ct. 2016). “However, Watts points to no evidence that State Farm actually manipulated its filing date for this purpose, and, as in every case, State Farm had to be cognizant of the two-year limitations period for product-liability claims (735 ILCS 5/13-213(d) (West 2014)).”
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