Reference Source

Comparative fault system · Illinois

For Comparative fault system · Illinois, state is Illinois; rule type is Comparative fault system; fault system is Modified comparative fault (51% bar); when the plaintiff's own fault bars recovery is 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; fault threshold is 51%, recorded from its source on 2026-08-31.

State
Illinois our reading
Rule type
Comparative fault system our reading
Fault system
Modified comparative fault (51% bar) our reading
When the plaintiff's own fault bars recovery
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 verified
Fault threshold
51% our reading
Statutory citation
735 ILCS 5/2-1116 verified
Sourceilga.gov
Verified
Review by
DatasetComparative fault system and joint and several liability rules by state

Values marked our reading are our classification of what the source says — the source does not print them in those words. The quote below is the evidence for each one; judge it yourself.

What the source says

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.

ilga.gov, retrieved 2026-08-31

Where each value comes from

The value above is stated away from the sentence quoted with the answer, so the passage that states it is shown here too.

Statutory citation

(735 ILCS 5/2-1116) (from Ch. 110, par. 2-1116) Sec. 2-1116. Limitation on recovery in tort actions.

— all from ilga.gov, retrieved 2026-08-31

Source

Last verified against source: . Due for re-check by . This page as Markdown · OKF bundle · full dataset as JSON.