Joint and Several Liability in Illinois
State-specific overview · Tort Law
Illinois limits joint and several liability to defendants whose fault exceeds 50% of total negligence.
How Illinois treats Joint and Several Liability
Illinois Public Act 99-0642 reformed joint and several liability so that only defendants whose individual fault exceeds 50% remain fully liable for the entire judgment. Defendants at or below 50% fault pay only their proportionate share. This threshold significantly protects defendants from bearing disproportionate liability in multi-defendant cases.
The general definition of Joint and Several Liability
Multiple defendants can each be held fully responsible for the entire judgment, not just their share.
When two or more people or companies are sued together for causing harm, the injured person can collect the full amount from any one of them, rather than having to split the recovery among all defendants. This means if you win a $100,000 judgment against three defendants, you can demand all $100,000 from just one of them, and that defendant can then try to recover their fair share from the others. It protects the injured person by ensuring they get paid even if some defendants can't pay.
Read the full Joint and Several Liability entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Illinois.