Illinois General Assembly - Illinois Compiled Statutes

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735 ILCS 5/2-1116

(735 ILCS 5/2-1116) (from Ch. 110, par. 2-1116)

(Text of Section WITH the changes made by P.A. 89-7, which has been held
unconstitutional)

Sec. 2-1116.

Limitation on recovery in tort actions; fault.

(a) The purpose of this Section is to allocate the
responsibility of bearing or paying damages in actions brought on account of
death, bodily injury, or physical damage to property according to
the proportionate fault of the persons who proximately caused the damage.

(b) As used in this Section:

"Fault" means any act or omission that (i) is negligent, willful and
wanton,
or
reckless, is a breach of an express or implied warranty, gives rise to strict
liability in tort, or gives rise to liability under the provisions of any State
statute, rule, or local ordinance and (ii) is a proximate cause of death,
bodily injury to person, or physical damage to property for
which recovery is sought.

"Contributory fault" means any fault on the part of the plaintiff
(including but not limited to negligence, assumption of the risk,
or willful and wanton misconduct) which is a
proximate cause of the death, bodily injury to person, or
physical damage to property for which recovery is sought.

"Tortfeasor" means any person, excluding the injured person, whose fault is a
proximate cause of the death, bodily injury to person, or
physical damage to
property for which recovery is sought, regardless of whether that person is the
plaintiff's employer, regardless
of whether that person is joined as a party to the action, and regardless of
whether that person may have settled with the plaintiff.

(c) In all actions on account of death, bodily injury or physical damage to
property in which recovery is predicated upon fault, the contributory fault chargeable to the plaintiff shall be
compared with the
fault of all tortfeasors whose fault was a proximate cause of the death,
injury, loss, or
damage for which recovery is sought.  The plaintiff
shall be barred from recovering damages if the trier of fact finds that the
contributory fault on the part of the plaintiff is more than 50% of
the proximate cause of the injury or damage for which recovery is sought.
The plaintiff shall not be barred from recovering damages if the trier of
fact finds that the contributory fault on the part of the plaintiff is not
more than 50% of the proximate cause of the injury or damage for which recovery
is sought,
but any economic or non-economic damages allowed shall be diminished in the
proportion to the amount
of fault attributable to the plaintiff.

(d) Nothing in this Section shall be construed
to create a cause of action.

(e) This amendatory Act of 1995 applies to causes of action accruing
on or after its effective date.

(Source: P.A. 89-7, eff. 3-9-95.)

(Text of Section WITHOUT the changes made by P.A. 89-7, which has been held
unconstitutional)

Sec. 2-1116.

Limitation on recovery in tort actions.

 In all actions on account of bodily injury
or death or physical damage to
property, based on negligence,
or product liability based on strict tort
liability, the plaintiff
shall be barred from recovering damages if the trier of fact finds that the
contributory fault on the part of the plaintiff is more than 50% of
the proximate cause of the injury or damage for which recovery is sought.
The plaintiff shall not be barred from recovering damages if the trier of
fact finds that the contributory fault on the part of the plaintiff is not
more than 50% of the proximate cause of the injury or damage for which recovery
is sought, but any damages allowed shall be diminished in the
proportion to the amount
of fault attributable to the plaintiff.

(Source: P.A. 84-1431.)