How does comparative fault work in Illinois?

1. Negligence Elements. Illinois negligence requires duty, breach, proximate cause, and damages (Ward v. Kmart Corp., 136 Ill.2d 132). Duty analysis weighs foreseeability, likelihood of injury, burden of guarding, and consequences of imposing duty.

2. Comparative Fault Regime. 735 ILCS 5/2-1116(c) codifies modified comparative: "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." 50% or less reduces recovery proportionally. Alvis v. Ribar, 85 Ill.2d 1 (1981) adopted pure comparative, but the 1986 Tort Reform Act imposed the 51% bar.

3. Joint and Several Liability. 735 ILCS 5/2-1117 — defendants less than 25% at fault are severally liable for non-medical damages only; 25%+ defendants remain jointly and severally liable. Past and future medical expenses are fully J&S regardless of share. Intentional torts and environmental matters are excluded.

4. Last Clear Chance / Sudden Emergency. Subsumed by Alvis. Sudden emergency persists as IPI 12.02.

5. Settling Tortfeasors. Joint Tortfeasor Contribution Act (740 ILCS 100/2) — good-faith settlement extinguishes contribution. Setoff reduces verdict by settlement amount per § 100/2(c).

6. Statute of Repose vs SOL. Personal injury SOL is 2 years (735 ILCS 5/13-202). Med-mal repose is 4 years (§ 13-212). Construction repose is 10 years (§ 13-214).

7. Caps. Illinois Supreme Court struck down med-mal caps in Lebron v. Gottlieb Mem. Hosp., 237 Ill.2d 217 (2010), as a special legislation violation. No general noneconomic cap exists.

8. Wrongful Death Comparative. 740 ILCS 180 applies § 2-1116; comparative fault of decedent reduces recovery.

9. Worker Injuries. WC Act 820 ILCS 305/5(a) exclusive remedy. Third-party suits apply § 2-1116; Kotecki v. Cyclops Welding, 146 Ill.2d 155, caps employer contribution to WC amount paid.

This is legal information, not legal advice.