735 ILCS 5/2-1116
2021 Illinois Compiled Statutes|Chapter 735 - CIVIL PROCEDURE|735 ILCS 5/ - Code of Civil Procedure.|Article II - Civil Practice

 (from Ch. 110, par. 2-1116)(Text of Section WITH the changes made by P.A. 89-7, which has been held  unconstitutional)Sec. 2-1116.     Limitation on recovery in tort actions; fault.(a) The purpose of this Section is to allocate the  responsibility of bearing or paying damages in actions brought on account of  death, bodily injury, or physical damage to property according to  the proportionate fault of the persons who proximately caused the damage.(b) As used in this Section:"Fault" means any act or omission that (i) is negligent, willful and  wanton,  or  reckless, is a breach of an express or implied warranty, gives rise to strict  liability in tort, or gives rise to liability under the provisions of any State  statute, rule, or local ordinance and (ii) is a proximate cause of death,  bodily injury to person, or physical damage to property for  which recovery is sought."Contributory fault" means any fault on the part of the plaintiff  (including but not limited to negligence, assumption of the risk,  or willful and wanton misconduct) which is a  proximate cause of the death, bodily injury to person, or  physical damage to property for which recovery is sought."Tortfeasor" means any person, excluding the injured person, whose fault is a  proximate cause of the death, bodily injury to person, or  physical damage to  property for which recovery is sought, regardless of whether that person is the  plaintiff's employer, regardless  of whether that person is joined as a party to the action, and regardless of  whether that person may have settled with the plaintiff.(c) In all actions on account of death, bodily injury or physical damage to  property in which recovery is predicated upon fault, the contributory fault chargeable to the plaintiff shall be  compared with the  fault of all tortfeasors whose fault was a proximate cause of the death,  injury, loss, or  damage for which recovery is sought.  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.  The plaintiff shall not be barred from recovering damages if the trier of  fact finds that the contributory fault on the part of the plaintiff is not  more than 50% of the proximate cause of the injury or damage for which recovery  is sought,  but any economic or non-economic damages allowed shall be diminished in the  proportion to the amount  of fault attributable to the plaintiff.(d) Nothing in this Section shall be construed  to create a cause of action.(e) This amendatory Act of 1995 applies to causes of action accruing  on or after its effective date.    (Source: P.A. 89-7, eff. 3-9-95.)(Text of Section WITHOUT the changes made by P.A. 89-7, which has been held  unconstitutional)Sec. 2-1116.     Limitation on recovery in tort actions.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.  The plaintiff shall not be barred from recovering damages if the trier of  fact finds that the contributory fault on the part of the plaintiff is not  more than 50% of the proximate cause of the injury or damage for which recovery  is sought, but any damages allowed shall be diminished in the  proportion to the amount  of fault attributable to the plaintiff.    (Source: P.A. 84-1431.)