Comparative fault system · Illinois
What is the fault system for Comparative fault system · Illinois?
For Comparative fault system, state is Illinois; 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%; statutory citation is 735 ILCS 5/2-1116, recorded from its source on 2026-08-31.
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
- 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
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.
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
- ilga.govhttps://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1116