740 ILCS 57/50

(740 ILCS 57/50)

Sec. 50.

Comparative responsibility.

(a) An action by an individual drug user is governed by the principles of
comparative responsibility.  Comparative responsibility attributed to the
plaintiff does not bar recovery but diminishes the award of compensatory
damages proportionally, according to the measure of responsibility attributed
to the plaintiff.

(b) The burden of proving the comparative responsibility of the plaintiff is
on the defendant and shall be shown by clear and convincing evidence.

(c) Comparative responsibility shall not be attributed to a plaintiff who is
not an individual drug user.

(Source: P.A. 89-293, eff. 1-1-96.)