In Illinois, you have 2 years to file a product liability claim under 735 Ill. Comp. Stat. 5/13-202. The clock starts on the date of injury or date the defect was or should have been discovered.
✓ Statute cited · Reviewed October 2026Quick answer: In Illinois, you generally have 2 years to file a product liability lawsuit. The clock starts: date of injury or date the defect was or should have been discovered. Governing statute: 735 Ill. Comp. Stat. 5/13-202. Key exception: Gov entities: State must file within 1 year; municipalities within 1 year.
Data last reviewed: October 2026. General information, not legal advice.
Illinois law requires product liability plaintiffs to file suit within 2 years of the date of injury or date the defect was or should have been discovered, as established by 735 Ill. Comp. Stat. 5/13-202. Failing to file before this deadline will almost certainly result in the court dismissing your case — regardless of how strong your evidence is or how clear the defendant's liability may be.
Product liability statutes of limitations typically start on the date of injury or the date the defect was discovered (whichever is earlier under your state's rule). Many states also have statutes of repose — absolute outer limits measured from the date of manufacture or sale — that apply regardless of when the defect was discovered.
Illinois product liability claims follow the 2-year personal injury period. The discovery rule typically applies when a product defect was not immediately apparent. Check for any applicable statute of repose measured from the date of manufacture or sale.
| If the clock starts on | Last day to file (general rule) |
|---|---|
| March 15, 2025 | March 15, 2027 |
| September 1, 2025 | September 1, 2027 |
| January 15, 2026 | January 15, 2028 |
| July 1, 2026 | July 1, 2028 |
Examples assume the full 2 years applies with no tolling or special accrual rule. Deadlines that fall on a weekend or court holiday are often extended to the next business day, but do not count on it. Use the calculator on this page for your own date.
The 2-year deadline in Illinois applies to the following types of product liability claims:
If your claim falls outside these categories, a different statute of limitations may apply. An attorney can confirm which deadline governs your specific situation.
Do not discard, repair, or return the product. The product itself is your primary evidence. Store it safely and document its condition with photographs.
Get medical attention and link your injuries to the defective product through your medical records from the first visit.
Check the CPSC (Consumer Product Safety Commission), FDA, and NHTSA databases for existing recalls. A recall strengthens your claim significantly.
Gather the product, its packaging, receipt, warranty documentation, and instruction manual. These establish what you were told about the product and how to use it.
Liability may extend beyond the manufacturer to the distributor, retailer, component part suppliers, and anyone else in the chain of distribution.
Product liability has two potential deadlines: the limitations period (often from discovery of the defect) and a statute of repose (from date of manufacture or sale). Both must be tracked.
| State | Years to File | Statute | Clock Starts |
|---|---|---|---|
| Illinois ★ | 2 yr | 735 Ill. Comp. Stat. 5/13-202 | Date of injury OR date the defect was or should have been discovered |
| Indiana | 2 yr | Ind. Code § 34-11-2-4 | Date of injury OR date the defect was or should have been discovered |
| Iowa | 2 yr | Iowa Code § 614.1(2) | Date of injury OR date the defect was or should have been discovered |
| Kentucky | 1 yr | Ky. Rev. Stat. Ann. § 413.140(1)(a) | Date of injury OR date the defect was or should have been discovered |
| Missouri | 5 yr | Mo. Rev. Stat. § 516.120(4) | Date of injury OR date the defect was or should have been discovered |
| Wisconsin | 3 yr | Wis. Stat. § 893.54(1m) | Date of injury OR date the defect was or should have been discovered |
★ = Illinois. The state where the injury or incident occurred — not where you live — typically determines which statute of limitations applies.
Illinois's 2 years deadline for product liability claims is longer than 2 and shorter than 25 of the other jurisdictions; 23 others match it. Nationally the period runs from 1 year to 6 years (median 2 years; average 2.7 years). In the Midwest the average is 3.2 years across 12 jurisdictions.
See all 24 jurisdictions with a 2 years product liability deadline → · Product Liability in all states →
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In Illinois, you have 2 years to file a product liability claim, measured from the date of injury or date the defect was or should have been discovered. This deadline is set by 735 Ill. Comp. Stat. 5/13-202. If you do not file within this window, your case will almost certainly be dismissed.
The clock starts on the Date of injury OR date the defect was or should have been discovered. Illinois product liability claims follow the 2-year personal injury period. The discovery rule typically applies when a product defect was not immediately apparent. Check for any applicable statute of repose measured from the date of manufacture or sale.
The following exceptions apply in Illinois:
If you miss the 2-year deadline, the defendant will file a motion to dismiss based on the expired statute of limitations. Courts virtually always grant such motions. Your case will be dismissed with prejudice — meaning permanently — regardless of how strong your evidence is. Always consult an attorney as soon as possible after an injury.
Yes. Illinois applies the discovery rule to product liability claims. The clock starts when you discovered — or reasonably should have discovered — the harm and that someone else may be responsible. This matters most when the injury is not immediately apparent.
Illinois's 2-year deadline for product liability claims is longer than 2 and shorter than 25 of the other jurisdictions. Across all states and D.C., product liability deadlines range from 1 year to 6 years.
If a city, county, state agency, or other government entity is responsible, you typically must file a Notice of Claim with the agency within a much shorter period — often 60–180 days. Missing this notice requirement can permanently bar your claim even before the main statute of limitations expires. Consult an attorney immediately if any government entity is involved.
Possibly, but it is difficult. You would need to demonstrate that a tolling doctrine applies — such as the discovery rule, minority tolling, or fraudulent concealment. An attorney can evaluate whether any exception extends your deadline. Do not assume your claim is dead until you have spoken with a licensed Illinois attorney.
StatuteLimits.com. "Illinois Product Liability Statute of Limitations (2026)." Reviewed October 2026. https://www.statutelimits.com/states/illinois/product-liability
The product liability statute of limitations in Illinois is strict. Missing the 2-year deadline permanently ends your right to sue — regardless of how strong your case is. Tolling rules, government notice requirements, and recent law changes can all affect your actual deadline.
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