Illinois Senate Bill 328: Expanding Access to Justice in Toxic Exposure Cases

Illinois has taken a major step with Senate Bill 328 (SB 328), signed into law on August 15, 2025. This legislation changes how courts handle lawsuits involving injury or illness caused by exposure to toxic substances, giving Illinois residents and others affected by hazardous materials more options for pursuing claims.

What Changed?

SB 328 introduces consent-by-registration jurisdiction. In simple terms, if a corporation registers to do business in Illinois—or even conducts business here without registering—it agrees to be sued in Illinois courts for certain cases. This consent applies immediately for new registrants and, for existing ones, on their next annual report date. For companies that operate without registering, consent lasts for 180 days after each business transaction.

Why It Matters for Individuals

Previously, victims of toxic exposure often faced hurdles when trying to hold out-of-state corporations accountable. SB 328 permits Illinois courts to hear these cases, even if the exposure happened elsewhere – provided at least one defendant is already subject to Illinois jurisdiction.

What’s Next?

This law builds on the U.S. Supreme Court’s decision in Mallory v. Norfolk Southern Railway Co. (2023), which upheld similar statutes in other states. While SB 328 doesn’t guarantee outcomes, it does expand options for those seeking justice in complex toxic tort cases.

If you believe you’ve been harmed by exposure to hazardous substances, understanding your rights under SB 328 is essential. Consulting with an attorney experienced in environmental or toxic tort law can help you navigate the process.