ILCS » Chapter 740 · Act 100
Illinois Compiled Statutes

740 ILCS 100/3 (2026)

Amount of Contribution

✓ current as of May 2026
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(740 ILCS 100/3) (from Ch. 70, par. 303)
    Sec. 3. Amount of Contribution. The pro rata share of each tortfeasor shall be determined in accordance with his relative culpability. However, no person shall be required to contribute to one seeking contribution an amount greater than his pro rata share unless the obligation of one or more of the joint tortfeasors is uncollectable. In that event, the remaining tortfeasors shall share the unpaid portions of the uncollectable obligation in accordance with their pro rata liability.
    If equity requires, the collective liability of some as a group shall constitute a single share.
(Source: P.A. 81-601.)

    
Notes of Decisions
Cited in 19 cases (1 in the last 5 years), 1995–2021 · leading case: Roberts v. Alexandria Transp., Inc., 2021 IL 126249 (Ill. 2021).
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Roberts v. Alexandria Transp., Inc., 2021 IL 126249 (Ill. 2021). · cites it 7× “The court of appeals asks “whether the obligation of a settling party is uncollectable pursuant to the Illinois Joint Tortfeasor Contribution Act, 740 ILCS 100/3 [(West 2018)].” We answer the certified question in the negative, holding that the obligation of a tortfeasor who…”
Unzicker v. Kraft Food Ingredients Corp., 783 N.E.2d 1024 (Ill. 2002). · cites it 2× “" 740 ILCS 100/3 (West 2000). "Rights of Plaintiff Unaffected.”
Sperl v. Henry, 2018 IL 123132 (Ill. 2018). · cites it 3× “" 740 ILCS 100/3 (West 2012). ¶ 25 In this case, CHR and Dragonfly are "subject to liability in tort arising out of the same injury to person or property, or the same wrongful death.”
Illinois Tool Works, Inc. v. Indep. Mach. Corp., 802 N.E.2d 1228 (Ill. App. Ct. 2003). · cites it 3× “” 740 ILCS 100/3 (West 2000). However, while an employer may be subject to contribution, its liability is strictly limited to the amount of its worker’s compensation liability.”
Sperl v. Henry, 2018 IL 123132 (Ill. 2019). · cites it 3× “” 740 ILCS 100/3 (West 2012). ¶ 25 In this case, CHR and Dragonfly are “subject to liability in tort arising out of the same injury to person or property, or the same wrongful death.”
Sakellariadis v. Campbell, 909 N.E.2d 353 (Ill. App. Ct. 2009). “Finally, plaintiff argues that the Joint Tortfeasor Contribution Act (Contribution Act) (740 ILCS 100/3 (West 2006)) supports her claim that Walters should pay the difference between Campbell’s settlement and the full jury verdict.”
Sperl v. Henry, 2017 IL App (3d) 150097 (Ill. App. Ct. 2017). · cites it 5× “In the alternative, CHR contends that, because Henry's portion of the common liability is "uncollectable," section 3 of the Act ( 740 ILCS 100/3 (West 2014) ) required Dragonfly to pay contribution to CHR for Dragonfly's own liability based on fault plus one half of any share of…”
Wilkerson v. Pittsburgh Corning Corp., 659 N.E.2d 979 (Ill. App. Ct. 1995). · cites it 2× “" (740 ILCS 100/3 (West 1994).) This court has discussed the necessity for and value of the use of computational verdict forms as follows: "The speculation which arises when computational forms are not used seriously impedes effective review of the jury's apportionment * * *.”
Associated Aviation Underwriters, Inc. v. Aon Corp., 800 N.E.2d 424 (Ill. App. Ct. 2003). “740 ILCS 100/3 (West 2002). Pertinent to the present case, the Contribution Act states: “When a release or covenant not to sue or not to enforce judgment is given in good faith to one or more persons liable in tort arising out of the same injury or the same wrongful death, it…”
Ponto v. Levan, 2012 IL App (2d) 110355 (Ill. App. Ct. 2012). · cites it 2× “” 740 ILCS 100/3 (West 2008). ¶ 43 Section 4 of the Contribution Act provides, in relevant part: “§ 4.”
Sperl v. Henry, 2017 IL App (3d) 150097 (Ill. App. Ct. 2018). · cites it 4× “In the alternative, CHR contends that, because Henry’s portion of the common liability is “uncollectable,” section 3 of the Act (740 ILCS 100/3 (West 2014)) required Dragonfly to pay contribution to CHR for Dragonfly’s own liability based on fault plus one half of any share of…”
Czarnik v. Wendover Fin. Servs., 870 N.E.2d 875 (Ill. App. Ct. 2007). “Specifically, Wendover directed our attention to the comment to the Illinois Pattern Jury Instructions which states as follows: “In appropriate cases, consideration need also be given to 740 ILCS 100/3 (1994), which provides that ‘if equity requires, the collective liability of…”
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