This legislation aims to reduce the financial burden on defendants with minimal fault in tort cases, as the higher threshold for severability may protect less culpable parties from facing full liability for damages. The change could lead to an enhanced sense of fairness in litigation, potentially encouraging settlements and reducing lengthy trials over liability disputes. Furthermore, the amendment applies to actions filed after the effective date of the bill, signaling a significant shift in how liability is determined and how damages are allocated among tortfeasors.
House Bill 4080 proposes amendments to the Code of Civil Procedure in Illinois, specifically addressing the joint liability of defendants in tort cases. The bill changes the threshold for determining when a defendant can be severally liable for damages, increasing the fault percentage from 25% to 50%. Consequently, if a defendant has less than 50% of the total fault, they will be severally liable for damages. Conversely, those with 50% or greater fault will be jointly and severally liable, impacting how damages are collected from multiple defendants in civil cases.
While the bill is anticipated to benefit less culpable defendants, it has raised concerns among plaintiff advocacy groups who argue that it could disadvantage individuals seeking full compensation for damages. Opponents are worried that the shift in liability could encourage higher risks among more negligent defendants, knowing they may be held less accountable. This issue is particularly contentious as it relates to the balance of protecting individual rights and ensuring responsible parties are held financially accountable for their actions.