735 ILCS 5/2-1116

Current through Public Act 103-1056

Section 735 ILCS 5/2-1116 - [Text of Section WITHOUT the changes made by P.A. 89-7, which has been held unconstitutional] 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.

No contributory fault may be attributed to a plaintiff bringing an action for damages for personal injury based on childhood sexual abuse as defined in Section 13-202.2.

735 ILCS 5/2-1116

P.A. 84-1431.

Amended by P.A. 103-1053,§ 5, eff. 12/20/2024.

This section is set out more than once due to postponed, multiple, or conflicting amendments.