Negligence in Illinois
State-specific overview · Tort Law
Illinois applies modified comparative negligence, barring recovery if the plaintiff's negligence is equal to or greater than the defendant's negligence.
How Illinois treats Negligence
Illinois recognizes negligence as the breach of a duty of reasonable care that causes injury. Under the Comparative Negligence Act (740 ILCS 100/1), a plaintiff cannot recover if their negligence is as great as or greater than the negligence of the defendant. If the plaintiff is found to be less than 50% at fault, their recovery is reduced by their percentage of comparative negligence. This rule applies in most civil cases, though certain exceptions exist for specific types of claims.
The general definition of Negligence
Failure to exercise reasonable care that results in harm to another person.
Negligence is a legal concept in civil law (not criminal) that holds people responsible for careless behavior. To prove negligence, you must show four things: the defendant had a duty to be careful, they breached that duty, their breach caused your injury, and you suffered actual damages. Negligence doesn't require intent to harm—it's about failing to act as a reasonably careful person would in similar circumstances. Victims of negligence can sue for compensation to cover medical bills, lost wages, and pain and suffering.
Read the full Negligence 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.