Reference Source

Joint and several liability rule · Illinois

What is the joint liability fault threshold for Joint and several liability rule · Illinois?

For Joint and several liability rule, state is Illinois; joint liability fault threshold is 25% or greater; statutory citation is 735 ILCS 5/2-1117, recorded from its source on 2026-09-16.

Except as provided in Section 2-1118, in actions on account of bodily injury or death or physical damage to property, based on negligence, or product liability based on strict tort liability, all defendants found liable are jointly and severally liable for plaintiff's past and future medical and medically related expenses. Any defendant whose fault, as determined by the trier of fact, 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, shall be severally liable for all other damages. Any defendant whose fault, as determined by the trier of fact, 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, shall be jointly and severally liable for all other damages.

— ilga.gov, retrieved 2026-09-16

State
Illinois our reading
Rule type
Joint and several liability rule our reading
Joint liability rule
all defendants found liable are jointly and severally liable for plaintiff's past and future medical and medically related expenses. Any defendant whose fault, as determined by the trier of fact, 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, shall be severally liable for all other damages. Any defendant whose fault, as determined by the trier of fact, 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, shall be jointly and severally liable for all other damages verified
Joint liability fault threshold
25% or greater verified
Statutory citation
735 ILCS 5/2-1117 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.

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Statutory citation

(735 ILCS 5/2-1117) (from Ch. 110, par. 2-1117) Sec. 2-1117. Joint liability.

— all from ilga.gov, retrieved 2026-09-16

Source

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