Article II. Civil Practice · Part 11. Trial · Last amended 2024 · Last verified July 20, 2026
In one sentenceBars an injured plaintiff from recovering anything if the jury finds the plaintiff's own fault outweighs 50% of the cause of the injury, but otherwise reduces the award in proportion to the plaintiff's share of fault -- except this bar never applies to childhood sexual abuse claims.
Full Text of 735 ILCS 5/2-1116
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In all actions on account of bodily injury or death or physical damage to property, based on negligence, or product liability based on strict tort liability, the plaintiff shall be barred from recovering damages if the trier of fact finds that the contributory fault on the part of the plaintiff is more than 50% of the proximate cause of the injury or damage for which recovery is sought. The plaintiff shall not be barred from recovering damages if the trier of fact finds that the contributory fault on the part of the plaintiff is not more than 50% of the proximate cause of the injury or damage for which recovery is sought, but any damages allowed shall be diminished in the proportion to the amount of fault attributable to the plaintiff.
No contributory fault may be attributed to a plaintiff bringing an action for damages for personal injury based on childhood sexual abuse as defined in Section 13-202.2.
Plain-English Summary
This section sets Illinois's modified comparative fault rule for negligence and strict-liability-based tort actions. If the trier of fact finds the plaintiff's own fault exceeds 50% of the proximate cause of the injury, the plaintiff recovers nothing.
If the plaintiff's fault is 50% or less, the claim survives, but the award is reduced in proportion to the plaintiff's share of fault -- a proportional offset rather than an all-or-nothing rule.
A later addition carves out childhood sexual abuse claims: no contributory fault may be attributed to a plaintiff bringing a personal-injury action based on childhood sexual abuse as defined in Section 13-202.2, so neither the 50% bar nor any proportional reduction applies in those cases.
Frequently Asked Questions
What happens if a plaintiff is found more than 50% at fault for their own injury?
They are barred from recovering any damages.
What if the plaintiff's fault is exactly 50% or less?
The plaintiff can still recover, but the damages are reduced in proportion to their share of fault.
Does this bar apply to childhood sexual abuse claims?
No. No contributory fault may be attributed to a plaintiff in those cases, as defined in Section 13-202.2.
Does this section apply to strict product-liability claims?
Yes. It applies to negligence and to product liability based on strict tort liability.
Is this an all-or-nothing rule below the 50% threshold?
No. Below the threshold, damages are diminished proportionally rather than barred or left untouched.
Amendment History
(Source: P.A. 103-1053, eff. 12-20-24.)
Source & verification. Section text and amendment history are
reproduced verbatim from the Illinois Compiled Statutes, published by the
Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026.
· Official source
Also known as:illinois comparative negligence 50 percent rulecontributory fault bar illinoismodified comparative fault illinois tortchildhood sexual abuse no contributory fault