Full Text of HB4408 97th General Assembly
HB4408 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB4408 Introduced 1/30/2012, by Rep. Michael J. Madigan SYNOPSIS AS INTRODUCED: |
| 735 ILCS 5/2-1116 | from Ch. 110, par. 2-1116 |
| Amends the Code of Civil Procedure. Makes a technical change in a Section concerning limitation on recovery in tort actions.
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| | A BILL FOR |
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| 1 | | AN ACT concerning civil law.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Code of Civil Procedure is amended by | 5 | | changing Section 2-1116 as follows:
| 6 | | (735 ILCS 5/2-1116) (from Ch. 110, par. 2-1116)
| 7 | | (Text of Section WITH the changes made by P.A. 89-7, which | 8 | | has been held
unconstitutional)
| 9 | | Sec. 2-1116. Limitation on recovery in tort actions; fault.
| 10 | | (a) The
The purpose of this Section is to allocate the
| 11 | | responsibility of bearing or paying damages in actions brought | 12 | | on account of
death, bodily injury, or physical damage to | 13 | | property according to
the proportionate fault of the persons | 14 | | who proximately caused the damage. | 15 | | (b) As used in this Section:
| 16 | | "Fault" means any act or omission that (i) is negligent, | 17 | | willful and
wanton,
or
reckless, is a breach of an express or | 18 | | implied warranty, gives rise to strict
liability in tort, or | 19 | | gives rise to liability under the provisions of any State
| 20 | | statute, rule, or local ordinance and (ii) is a proximate cause | 21 | | of death,
bodily injury to person, or physical damage to | 22 | | property for
which recovery is sought.
| 23 | | "Contributory fault" means any fault on the part of the |
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| 1 | | plaintiff
(including but not limited to negligence, assumption | 2 | | of the risk,
or willful and wanton misconduct) which is a
| 3 | | proximate cause of the death, bodily injury to person, or
| 4 | | physical damage to property for which recovery is sought.
| 5 | | "Tortfeasor" means any person, excluding the injured | 6 | | person, whose fault is a
proximate cause of the death, bodily | 7 | | injury to person, or
physical damage to
property for which | 8 | | recovery is sought, regardless of whether that person is the
| 9 | | plaintiff's employer, regardless
of whether that person is | 10 | | joined as a party to the action, and regardless of
whether that | 11 | | person may have settled with the plaintiff.
| 12 | | (c) In all actions on account of death, bodily injury or | 13 | | physical damage to
property in which recovery is predicated | 14 | | upon fault, the contributory fault chargeable to the plaintiff | 15 | | shall be
compared with the
fault of all tortfeasors whose fault | 16 | | was a proximate cause of the death,
injury, loss, or
damage for | 17 | | which recovery is sought. The plaintiff
shall be barred from | 18 | | recovering damages if the trier of fact finds that the
| 19 | | contributory fault on the part of the plaintiff is more than | 20 | | 50% of
the proximate cause of the injury or damage for which | 21 | | recovery is sought.
The plaintiff shall not be barred from | 22 | | recovering damages if the trier of
fact finds that the | 23 | | contributory fault on the part of the plaintiff is not
more | 24 | | than 50% of the proximate cause of the injury or damage for | 25 | | which recovery
is sought,
but any economic or non-economic | 26 | | damages allowed shall be diminished in the
proportion to the |
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| 1 | | amount
of fault attributable to the plaintiff.
| 2 | | (d) Nothing in this Section shall be construed
to create a | 3 | | cause of action.
| 4 | | (e) This amendatory Act of 1995 applies to causes of action | 5 | | accruing
on or after its effective date.
| 6 | | (Source: P.A. 89-7, eff. 3-9-95 .)
| 7 | | (Text of Section WITHOUT the changes made by P.A. 89-7, | 8 | | which has been held
unconstitutional)
| 9 | | Sec. 2-1116. Limitation on recovery in tort actions.
| 10 | | In all actions on account of bodily injury
or death or | 11 | | physical damage to
property, based on negligence,
or product | 12 | | liability based on strict tort
liability, the plaintiff
shall | 13 | | be barred from recovering damages if the trier of fact finds | 14 | | that the
contributory fault on the part of the plaintiff is | 15 | | more than 50% of
the proximate cause of the injury or damage | 16 | | for which recovery is sought.
The plaintiff shall not be barred | 17 | | from recovering damages if the trier of
fact finds that the | 18 | | contributory fault on the part of the plaintiff is not
more | 19 | | than 50% of the proximate cause of the injury or damage for | 20 | | which recovery
is sought, but any damages allowed shall be | 21 | | diminished in the
proportion to the amount
of fault | 22 | | attributable to the plaintiff.
| 23 | | (Source: P.A. 84-1431.)
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