When a product hurts someone, the first question is often “who was careless?” In many Illinois product cases that is not the question the law asks. Under strict product liability, the focus is on the product itself. This guide explains what that means, what an injured person has to prove, who can be responsible, and the deadlines that apply.
Product injuries and key limits
What strict liability means
In an ordinary negligence case, an injured person must show that someone failed to act as a reasonably careful person would. In a strict product liability case, the question is whether the product was unreasonably dangerous. The maker can be responsible even if it was careful. The public policy reason is simple: a company that sells a product for profit is in a better position than a consumer to prevent defects and absorb the cost when they injure someone.
What Illinois jurors are told the plaintiff must prove
- A condition of the productSomething about the product, such as its design, a flaw in how it was made, or a missing warning.
- It was unreasonably dangerousThe condition made the product unreasonably dangerous when used as intended or in a reasonably foreseeable way.
- It was there when it left the defendantThe condition existed when the product left the defendant’s control, not because someone changed it later.
- It caused the injuryThe plaintiff was injured and the condition proximately caused the injury.
These elements track the Illinois Pattern Jury Instructions for civil cases, the jury-instruction series on strict product liability. (IPI Civil 400.02) Each one can be hard to prove in practice, which is why these cases rely heavily on experts.
The kinds of defect
Illinois courts recognize three main kinds of defect: a manufacturing defect, a design defect, and a defect in warnings or instructions. For design defects, Illinois lets a plaintiff use two tests, what an ordinary consumer would expect and a balancing of risks against benefits. In Mikolajczyk v. Ford Motor Co., 231 Ill. 2d 516 (2008), the Illinois Supreme Court explained how the two tests fit together, and in Calles v. Scripto-Tokai Corp., 224 Ill. 2d 247 (2007), it refused to exempt “simple” products with obvious dangers from the risk-benefit test. (Mikolajczyk opinion; Calles opinion) We explain the first two types in detail in our guide to design defects and manufacturing defects, and the third in our guide to warning and warranty claims.
Misuse and later changes
A product must be reasonably safe for uses the maker could foresee, not only the use it intended. Under the pattern instructions, foreseeable misuse is not a defense by itself. Changes made after the product left the maker are different: because the plaintiff must show the dangerous condition existed when the product left the defendant’s control, a dangerous change made later by someone else can defeat or reduce a claim. This is why evidence about how the product was kept, repaired and used matters so much.
Who can be sued
The manufacturer is the usual defendant. Companies that make parts, distribute or sell the product can also be involved, and a single product can have many defendants. Illinois also has a rule, 735 ILCS 5/2-621, that lets a seller who did not make the product ask to be dismissed once the manufacturer is in the case, with exceptions, for example where the seller had significant control over design or manufacture. (735 ILCS 5/2-621) Which parties belong in a case is a question for a lawyer who has the product and the records in hand.
Deadlines
Illinois generally gives two years from the injury to file (735 ILCS 5/13-202). When the injured person is under 18, the law allows two years after the 18th birthday (735 ILCS 5/13-211). Product cases also face an outer limit, the “statute of repose,” in 735 ILCS 5/13-213: generally 12 years from the first sale by a seller or 10 years from the first sale to the first user, whichever ends first. (735 ILCS 5/13-213) A minor’s extra time does not necessarily override the repose limit, so do not wait. Rules change, so a lawyer will confirm which version and exceptions apply to your date of injury.
What to do if a product injured you
Keep the product exactly as it is, including packaging, manuals and receipts. Do not repair, clean or throw it away. Photograph it and the injury, write down how it was used, and get medical care. Then speak with a lawyer early, because testing the product is often what the case depends on.
Frequently asked questions
Do I have to prove the company was careless?
Not in a strict product liability claim. You must show the product was unreasonably dangerous and that this caused your injury.
Can I recover if I used the product in a way the maker did not intend?
Possibly. Illinois asks whether the use was reasonably foreseeable. Foreseeable misuse is not a defense by itself.
How long do I have to file?
Generally two years from the injury, with extra time for minors, and an outer limit for product claims. A lawyer can confirm the deadlines for your facts.
Related guides: Design defect vs manufacturing defect; Failure to warn and breach of warranty claims; Why product liability cases are expensive; Illinois product liability lawyers.
Statistics and law reviewed October 23, 2026. This article is general information, not legal advice. Statutes, rules and court decisions change, and every case depends on its facts.
Injured by a defective product? Call (312) 346-4262 for a free consultation. There is no fee unless we win.
Sources
- CPSC, Consumer Product-Related Injuries and Deaths in the United States: Estimated Injuries Occurring in 2024
- Illinois Pattern Jury Instructions, Civil, 400.00 series (strict product liability)
- Mikolajczyk v. Ford Motor Co., 231 Ill. 2d 516 (2008)
- Calles v. Scripto-Tokai Corp., 224 Ill. 2d 247 (2007)
- 735 ILCS 5/2-621
- 735 ILCS 5/13-202
- 735 ILCS 5/13-211
- 735 ILCS 5/13-213
