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SB2626 • 2026
JOINT & SEVERAL TORT LIABILITY
This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.
Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.
JOINT & SEVERAL TORT LIABILITY
Rule 3-9(a) / Re-referred to Assignments
Assigned to Judiciary
Filed with Secretary by Sen. Jil Tracy
First Reading
Referred to Assignments
JOINT & SEVERAL TORT LIABILITY
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Full Text of SB2626 Home Legislation Full Text SB2626 - 104th General Assembly Bill Status Full Text Votes Witness Slips Select Menu Bill Status Full Text Votes Witness Slips Printer Friendly Version Introduced Printer Friendly Version Introduced Open PDF 104TH GENERAL ASSEMBLY State of Illinois 2025 and 2026 SB2626 Introduced 3/4/2025, by Sen. Jil Tracy SYNOPSIS AS INTRODUCED: 735 ILCS 5/2-1107.1 from Ch. 110, par. 2-1107.1 735 ILCS 5/2-1117 from Ch. 110, par. 2-1117 Amends and reenacts provisions of the Civil Practice Article of the Code of Civil Procedure concerning actions on account of bodily injury or death or physical damage to property based on negligence or product liability based on strict tort liability. Provides that the court shall not instruct the jury of the consequence of any findings of fault of any plaintiff or defendant under specified provisions of the Code. Deletes language providing that the court shall instruct the jury in writing that the defendant shall be found not liable if the jury finds that the contributory fault of the plaintiff is more than 50% of the proximate cause of the injury or damage for which recovery is sought. In the Section concerning joint liability, deletes language providing that: any defendant whose fault 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, is severally liable for non-medical damages; and any defendant whose fault 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, is jointly and severally liable for non-medical damages. Adds language providing that: any defendant whose fault is less than 25% of the proximate cause of the injury or damage for which recovery is sought by the plaintiff is severally liable for non-medical damages; and any defendant whose fault is 25% or greater of the proximate cause of the injury or damage for which recovery is sought by the plaintiff is jointly and severally liable for non-medical damages. Contains applicability provisions. LRB104 12628 JRC 23308 b A BILL FOR SB2626 LRB104 12628 JRC 23308 b 1 AN ACT concerning civil law. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The Code of Civil Procedure is amended by 5 reenacting and changing Section 2-1107.1 and by changing 6 Section 2-1117 as follows: 7 (735 ILCS 5/2-1107.1) (from Ch. 110, par. 2-1107.1) 8 (Text of Section WITHOUT the changes made by P.A. 89-7, 9 which has been held unconstitutional) 10 Sec. 2-1107.1. Jury instruction in tort actions. In all 11 actions on account of bodily injury or death or physical 12 damage to property based on negligence, or product liability 13 based on strict tort liability, the court shall not instruct 14 the jury of the consequence of any findings of fault of any 15 plaintiff or defendant pursuant to Section 2-1116 or 2-1117 in 16 writing that the defendant shall be found not liable if the 17 jury finds that the contributory fault of the plaintiff is 18 more than 50% of the proximate cause of the injury or damage 19 for which recovery is sought . 20 The changes to this Section made by this amendatory Act of 21 the 104th General Assembly apply to causes of action accruing 22 on or after the effective date of this amendatory Act of the 23 104th General Assembly. SB2626 - 2 - LRB104 12628 JRC 23308 b 1 (Source: P.A. 84-1431.) 2 (735 ILCS 5/2-1117) (from Ch. 110, par. 2-1117) 3 Sec. 2-1117. Joint liability. Except as provided in 4 Section 2-1118, in actions on account of bodily injury or 5 death or physical damage to property, based on negligence, or 6 product liability based on strict tort liability, all 7 defendants found liable are jointly and severally liable for 8 plaintiff's past and future medical and medically related 9 expenses. Any defendant whose fault, as determined by the 10 trier of fact, is less than 25% of the proximate cause of the 11 injury or damage for which recovery is sought by the plaintiff 12 total fault attributable to the plaintiff, the defendants sued 13 by the plaintiff, and any third party defendant except the 14 plaintiff's employer, shall be severally liable for all other 15 damages. Any defendant whose fault, as determined by the trier 16 of fact, is 25% or greater of the proximate cause of the injury 17 or damage for which recovery is sought by the plaintiff total 18 fault attributable to the plaintiff, the defendants sued by 19 the plaintiff, and any third party defendants except the 20 plaintiff's employer, shall be jointly and severally liable 21 for all other damages. 22 The changes to this Section made by this amendatory Act of 23 the 104th General Assembly apply to causes of action accruing 24 on or after the effective date of this amendatory Act of the 25 104th General Assembly. SB2626 - 3 - LRB104 12628 JRC 23308 b 1 (Source: P.A. 93-10, eff. 6-4-03; 93-12, eff. 6-4-03.) Footer Disclaimer This site is maintained for the Illinois General Assembly by the Legislative Information System, 705 Stratton Building, Springfield, Illinois 62706. Contact ILGA Webmaster ILGA.gov uses cookies to ensure you get the best experience on our website. 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