summary
Introduced
03/04/2025
03/04/2025
In Committee
03/04/2025
03/04/2025
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Amends and reenacts provisions of the Civil Practice Article of the Code of Civil Procedure concerning actions on account of bodily injury or death or physical damage to property based on negligence or product liability based on strict tort liability. Provides that the court shall not instruct the jury of the consequence of any findings of fault of any plaintiff or defendant under specified provisions of the Code. Deletes language providing that the court shall instruct the jury in writing that the defendant shall be found not liable if the jury finds that the contributory fault of the plaintiff is more than 50% of the proximate cause of the injury or damage for which recovery is sought. In the Section concerning joint liability, deletes language providing that: any defendant whose fault is less than 25% of the total fault attributable to the plaintiff, the defendants sued by the plaintiff, and any third party defendant except the plaintiff's employer, is severally liable for non-medical damages; and any defendant whose fault is 25% or greater of the total fault attributable to the plaintiff, the defendants sued by the plaintiff, and any third party defendants except the plaintiff's employer, is jointly and severally liable for non-medical damages. Adds language providing that: any defendant whose fault is less than 25% of the proximate cause of the injury or damage for which recovery is sought by the plaintiff is severally liable for non-medical damages; and any defendant whose fault is 25% or greater of the proximate cause of the injury or damage for which recovery is sought by the plaintiff is jointly and severally liable for non-medical damages. Contains applicability provisions.
AI Summary
This bill modifies Illinois tort liability law by changing how fault is determined and instructed in civil lawsuits involving bodily injury, death, or property damage. Specifically, the bill removes previous language that would instruct a jury to find a defendant not liable if the plaintiff's contributory fault was more than 50% of the cause of injury. Instead, the bill changes how defendants are classified for liability purposes based on their percentage of fault. Under the new provisions, defendants whose fault is less than 25% of the proximate cause of injury will be severally liable (responsible only for their specific portion of damages), while defendants whose fault is 25% or greater will be jointly and severally liable (potentially responsible for the entire damages). All defendants remain jointly liable for past and future medical expenses. The changes will apply to causes of action that accrue on or after the effective date of the bill, which appears to be part of the 104th General Assembly's legislative session. This modification potentially makes it easier for plaintiffs to recover damages by reducing the threshold for joint liability and removing certain jury instructions that could have limited defendants' liability.
Sponsors (1)
Last Action
Referred to Assignments (on 03/04/2025)
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.ilga.gov/legislation/BillStatus.asp?DocNum=2626&GAID=18&DocTypeID=SB&SessionID=114&GA=104 |
| BillText | https://www.ilga.gov/legislation/104/SB/10400SB2626.htm |
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