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Illinois Compiled Statutes

810 ILCS 5/2-318 (2026)

Third party beneficiaries of warranties express or implied

✓ current as of May 2026
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(810 ILCS 5/2-318) (from Ch. 26, par. 2-318)
    Sec. 2-318. Third party beneficiaries of warranties express or implied.
    A seller's warranty whether express or implied extends to any natural person who is in the family or household of his buyer or who is a guest in his home if it is reasonable to expect that such person may use, consume or be affected by the goods and who is injured in person by breach of the warranty. A seller may not exclude or limit the operation of this Section.
(Source: Laws 1961, p. 2101.)

    
Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1998–2021 · leading case: Maldonado v. Creative Woodworking Concepts, Inc., 694 N.E.2d 1021 (Ill. App. Ct. 1998).
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Maldonado v. Creative Woodworking Concepts, Inc., 694 N.E.2d 1021 (Ill. App. Ct. 1998). · cites it 2× “However, Teresa was not a party to the contract with Creative, and in order for her to benefit from the warranty she must fall within the scope of section 2-318 of the UCC (810 ILCS 5/2-318 (West 1996)), which dictates when a non-party may claim to be a third-party beneficiary…”
Cameron v. Battery Handling Sys., Inc. (C.D. Ill. 2021). · cites it 3× “To reach this conclusion, the Berry court first determined that another provision of the UCC, 810 ILCS 5/2-318 (“section 2-318”), which provides that warranties extend to any family member, household member, or guest of a buyer of goods who may be reasonably expected to be…”
Kesse v. Ford Motor Co. (N.D. Ill. 2020). “This Court has no reason to think the Illinois Supreme Court would extend 810 ILCS 5/2-318 beyond employees, and a federal court sitting in diversity jurisdiction “must be reluctant ‘to expand state law.”
Ali v. Volkswagen Grp. of Am., Inc. (N.D. Ill. 2021). “2d at 595 (quoting 810 ILCS 5/2-318). The court then held that the warranty “extends to any employee of a purchaser who is injured in the use of the goods as long as the safety of that employee in the use of the goods was either explicitly or implicitly part of the basis of the…”
Lukwinski v. Stone Container Corp. (Ill. App. Ct. 2000). · cites it 2× “In dismissing these counts, the court concluded plaintiff could not maintain his warranty claims under section 2-318 of the UCC (810 ILCS 5/2-318 (West 1998)). We have jurisdiction of plaintiff's appeal pursuant to Supreme Court Rules 301, 303 and 304(a) (155 Ill.”
Frank v. Edward Hines Lumber Co. (Ill. App. Ct. 2001). “A seller's warranty whether express or implied extends to any natural person who is in the family or household of his buyer or who is a guest in his home if it is reasonable to expect that such person may use, consume or be affected by the goods and who is injured in person by…”
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