Every such action shall be commenced within 2 years after the death of such person but an action against a defendant arising from a crime committed by the defendant in whose name an escrow account was established under the “Criminal Victims' Escrow Account Act”1 shall be commenced within 2 years after the establishment of such account. For the purposes of this Section 2, next of kin includes an adopting parent and an adopted child, and they shall be treated as a natural parent and a natural child, respectively. However, if a person entitled to recover benefits under this Act, is, at the time the cause of action accrued, within the age of 18 years, he or she may cause such action to be brought within 2 years after attainment of the age of 18. 740 ILCS 180/2
§ 13-202. Personal injury--Penalty. Actions for damages for an injury to the person, or for false imprisonment, or malicious prosecution, or for a statutory penalty, or for abduction, or for seduction, or for criminal conversation, except damages resulting from first degree murder or the commission of a Class X felony and the perpetrator thereof is convicted of such crime, shall be commenced within 2 years next after the cause of action accrued but such an action against a defendant arising from a crime committed by the defendant in whose name an escrow account was established under the “Criminal Victims' Escrow Account Act”1 shall be commenced within 2 years after the establishment of such account. If the compelling of a confession or information by imminent bodily harm or threat of imminent bodily harm results in whole or in part in a criminal prosecution of the plaintiff, the 2-year period set out in this Section shall be tolled during the time in which the plaintiff is incarcerated, or until criminal prosecution has been finally adjudicated in favor of the above referred plaintiff, whichever is later. However, this provision relating to the compelling of a confession or information shall not apply to units of local government subject to the Local Governmental and Governmental Employees Tort Immunity Act. 735 ILCS 5/13-202
The statute of limitations starts running “when a person knows or reasonably should know of his injury and also knows or reasonably should know that it was wrongfully caused.” It starts to run if plaintiff has sufficient information to put a reasonable person on inquiry to determine whether actionable conduct is involved. 735 Ill. Comp. Stat. 5/13-213/ " 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." Per conversation with attorney, this liberal discovery statute for Illinois begins to run when the plaintiff is put on notice or reasonably should be on notice that the product is causing his injury.
Failure of chemical manufacturers and suppliers to provide safe product or to provide adequate warning of dangers of using product was continuing tort and, therefore, worker's products liability claim against manufacturers and suppliers accrued on date when he last faced chemical exposure, though it was possible that worker knew or should have known earlier that his deteriorating physical condition was or could have been caused by exposure to product. Meadows v. Union Carbide Corp., 710 F.Supp. 1163 (N.D. Ill. 1989).
Illinois “continuing tort” doctrine did not apply to the one-time installation of temporomandibular joint implants, for limitations purposes in products liability actions against supplier of materials used in those implants. Ganousis v. E.I. du Pont de Nemours & Co., 803 F.Supp. 149 (N.D. Ill.1992).
In cases involving a disease resulting from neglect, negligence or defective product, cause of action accrues and statute of limitations begins to run when diseased party discovered or should have discovered that he is ill as result of some neglect or negligence on part of another party or as result of being wrongfully exposed to a defective product. McDonald v. Reichold Chemicals, Inc., 133 Ill.App.2d 780 (1971).
Two-year limitations period applicable to patient's products liability claim against manufacturer of pain pump installed in her shoulder during orthopedic surgery did not begin to run until patient knew or should have known that the destruction of cartilage in her shoulder joint might have been wrongfully caused by the pain pump, even though patient brought a timely medical malpractice suit against physician who performed the surgery within two years of her injury, where plaintiff did not discover that she might have a products liability claim until years later. Mitsias v. I-Flow Corp. 355 Ill.Dec. 66 (2011).
Statute of Repose - (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. 735 ILCS 5/13-213
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