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Illinois Compiled Statutes

735 ILCS 5/2-1117 (2026)

Joint liability

✓ current as of May 2026
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(735 ILCS 5/2-1117) (from Ch. 110, par. 2-1117)
    Sec. 2-1117. Joint liability. 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.
(Source: P.A. 93-10, eff. 6-4-03; 93-12, eff. 6-4-03.)

    
Notes of Decisions
Cited in 68 cases (6 in the last 5 years), 1996–2026 · leading case: Unzicker v. Kraft Food Ingredients Corp., 783 N.E.2d 1024 (Ill. 2002).
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Unzicker v. Kraft Food Ingredients Corp., 783 N.E.2d 1024 (Ill. 2002). · cites it 7× “Pursuant to section 2-1117, any tortfeasor whose percentage of fault for a plaintiff's injuries is found to be "less than 25% of the total fault attributable to the plaintiff, the defendants sued by the plaintiff, and any third party defendant who could have been sued by the…”
Best v. Taylor Mach. Works, 689 N.E.2d 1057 (Ill. 1997). · cites it 5× “We further hold that because these unconstitutional provisions may not be severed from the remainder of the act, Public Act 89-7 as a whole is invalid.”
Yoder v. Ferguson, 885 N.E.2d 1060 (Ill. App. Ct. 2008). · cites it 10× “[1] Ferguson argues: (1) the trial court erred by excluding the settling defendants from the jury fault allocation forms; (2) the exclusion of settling defendants pursuant to section 2-1117 of the Illinois Code of Civil Procedure (735 ILCS 5/2-1117 (West 1994)) violated due…”
Ready v. United/Goedecke Servs., Inc., 905 N.E.2d 725 (Ill. 2009). · cites it 5× “It then construes the phrase as referring to only those defendants who were sued by the plaintiff but did not enter into a good-faith settlement agreement prior to the entry of judgment.”
Hills v. Bridgeview Little League Ass'n, 745 N.E.2d 1166 (Ill. 2000). · cites it 4× “Plaintiffs also sued Bridgeview and Justice, alleging that Bridgeview negligently failed to supervise and control the Loys, and that Justice negligently failed to protect John Hills from the attack.”
Lebron v. Gottlieb Mem'l Hosp., 930 N.E.2d 895 (Ill. 2010). · cites it 2× “In Unzicker we considered the constitutionality of section 2-1117 of the Code (735 ILCS 5/2-1117 (West 1994)), which modified the common law rule of joint and several liability.”
Ready v. United/Goedecke Servs., Inc., 854 N.E.2d 758 (Ill. App. Ct. 2006). · cites it 5× “Justice KARNEZIS delivered the opinion of the court: In this appeal, we must answer the question: Is a defendant who settles with the plaintiff prior to trial still a "defendant sued by the plaintiff" within the meaning of section 2-1117 of the Code of Civil Procedure (735 ILCS…”
Antonicelli v. Rodriguez, 2018 IL 121943 (Ill. 2018). · cites it 5× “The Browder defendants also contended that the trial court's finding of good faith was erroneous because it failed to consider their rights under section 2-1117 of the Code of Civil Procedure (Code) ( 735 ILCS 5/2-1117 (West 2012) ), limiting liability of minimally responsible…”
Roberts v. Alexandria Transp., Inc., 2021 IL 126249 (Ill. 2021). · cites it 3× “, 735 ILCS 5/2-1117 (West 2018) (modifying joint and several liability)), section 4 of the Contribution Act expressly provides: “Rights of Plaintiff Unaffected.”
Victim A. v. Chung Song, 2021 IL App (1st) 200826 (Ill. App. Ct. 2021). · cites it 5× “The trial judge disagreed with Song’s recollection of the contribution hearing, ruled that section 2- 1117 did not apply to the facts (735 ILCS 5/2-1117 (West 2018)), and granted Victim A’s motion for a memorandum of judgment in the amount of $300,000, to be recorded as a lien…”
Ponto v. Levan, 2012 IL App (2d) 110355 (Ill. App. Ct. 2012). · cites it 5× “he third-party action against the City had been commenced within the one-year statute of limitations contained in the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/8-101 (West 2008)); (2) a third-party defendant who is more than…”
Auten v. Franklin, 942 N.E.2d 500 (Ill. App. Ct. 2010). · cites it 3× “Because the jury's verdict failed to divide the damages between the injuries and attributed a percentage of fault to the physician for all of plaintiff's injuries (not just the finger injury), pursuant to section 2-1117 of the Code of Civil Procedure (735 ILCS 5/2-1117 (West…”
Show all 68 citing cases →
— 735 ILCS 5/2-1117(a) — 2 cases
Adukia v. Finney, 735 N.E.2d 174 (Ill. App. Ct. 2000).
Adukia v. Finney (Ill. App. Ct. 2000).
— 735 ILCS 5/2-1117(b) — 1 case
Unzicker v. Kraft Food Ingredients Corp., 783 N.E.2d 1024 (Ill. 2002). “Pursuant to section 2-1117, any tortfeasor whose percentage of fault for a plaintiff's injuries is found to be "less than 25% of the total fault attributable to the plaintiff, the defendants sued by the plaintiff, and any third party defendant who could have been sued by the…”
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