# Comparative fault system · Illinois — Comparative fault system and joint and several liability rules by state

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, not quoted from the source)_
- **Rule type:** Comparative fault system _(our reading, not quoted from the source)_
- **Fault system:** Modified comparative fault (51% bar) _(our reading, not quoted from the source)_
- **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: appears in the quote below)_
- **Fault threshold:** 51% _(our reading, not quoted from the source)_
- **Statutory citation:** 735 ILCS 5/2-1116 _(verified: appears in its own passage below)_

## 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.

## Where each value comes from

This source states these in separate places, so each value is shown with the passage that states it.

### Statutory citation

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

## Source

- https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073500050K2-1116

Last verified: 2026-08-31. Review by: 2027-08-31.
Part of [Comparative fault system and joint and several liability rules by state](https://referencesource.org/state-comparative-fault-joint-liability-rules/).