JOINT & SEVERAL TORT LIABILITY
Under the provisions of SB2626, if a defendant is found to have less than 25% of the fault for an incident, they would only be severally liable for non-medical damages, while those with 25% or greater fault would be jointly and severally liable. This change is expected to streamline the process for determining the extent of liability among multiple defendants, reducing the potential for misunderstandings about how fault affects damages awarded to plaintiffs. Such reforms are anticipated to have a broader impact on civil litigation, particularly in personal injury cases, where multiple parties may be involved.
Senate Bill 2626, introduced by Senator Jil Tracy, amends certain provisions of the Civil Practice Article of the Code of Civil Procedure in Illinois, specifically addressing the concepts of joint and several liabilities in tort actions. The bill proposes significant changes to how liability is determined among defendants in cases of bodily injury or death, as well as property damage arising from negligence or strict tort liability. The proposed amendments impact the decision-making process for juries in such cases, particularly in the instructions they receive regarding the findings of fault among involved parties.
Notably, the bill has sparked discussions concerning its implications for both plaintiffs and defendants in tort cases. Critics voice concerns that these reforms could limit the recovery options for injured parties, particularly where defendants may not agree on the level of fault attributed to each party. Furthermore, the alteration of jury instructions, where juries will no longer be guided on the implications of finding more than 50% fault with the plaintiff, might create complexities in jury deliberations. Advocates for the bill argue that these changes are necessary to prevent frivolous claims and encourage more equitable outcomes in personal injury lawsuits.