A pathway to justice after toxic substance exposure

The following letter to the editor by ITLA President Timothy J. Cavanagh was published in the Chicago Daily Law Bulletin on Thursday, August 21, 2025.

A pathway to justice after toxic substance exposure

The headline of a recent article about a bill signed into law by Gov. JB Pritzker regrettably called it a “boon to trial lawyers.” In fact, it provides a pathway to more complete justice for individuals falling ill after exposure to toxic substances.

Senate Bill 328 concerns injuries caused by the improper use of substances defined as toxic under the state’s Uniform Hazardous Substances Act. That may include asbestos, benzene and vinyl chloride – common, but dangerous, industrial materials. If the companies utilizing them don’t take necessary precautions, such as providing workers with protective clothing and equipment, and those workers get sick or die from exposure, they should be held accountable.

The legislation was needed because too often businesses have sought to evade responsibility for harms they have caused workers or consumers. Those companies claim that though they are registered or make money by selling products in Illinois, because they are not geographically or legally headquartered here, our state’s courts are not the proper venue to hear claims against them.

Instead, they demand that people who have been injured or sickened, some of whom are in the process of dying, travel to other states to pursue their cases – an onerous burden that sometimes isn’t physically or financially possible.

Before the new law may be utilized, a plaintiff must first file a case in Illinois against at least one defendant that would, under previously existing law, be subject to the proper jurisdiction of an Illinois court. If the court permits that case to proceed, the plaintiff could then use the terms of SB 328 to possibly include the out-of-state defendants — again, if and only if they transact business in this state.

Illinois has a highly skilled workforce, robust transportation networks and a wide range of economic sectors, including agriculture, arts, education, health care, logistics, manufacturing and professional services. We are an example for the nation that proves it’s not necessary to embrace race-to-the-bottom policies that trample workers’ rights and eliminate consumer protections to thrive. 

Gov. Pritzker’s signature on SB 328 has added additional teeth to our laws that will deter businesses from behaving badly by putting profits before people and unfairly forcing Illinois taxpayers to clean up the messes irresponsible corporations leave behind.

Timothy J. Cavanagh, President
Illinois Trial Lawyers Association