Except as provided in Section 2-1118, in actions on account of bodily injury or death or physical damage to property, based on negligence, or product liability based on strict tort liability, all defendants found liable are jointly and severally liable for plaintiff's past and future medical and medically related expenses. Any defendant whose fault, as determined by the trier of fact, is less than 25% of the total fault attributable to the plaintiff, the defendants sued by the plaintiff, and any third party defendant except the plaintiff's employer, shall be severally liable for all other damages. Any defendant whose fault, as determined by the trier of fact, is 25% or greater of the total fault attributable to the plaintiff, the defendants sued by the plaintiff, and any third party defendants except the plaintiff's employer, shall be jointly and severally liable for all other damages.
2-1117.Joint liability.
Article II. Civil Practice · Part 11. Trial · Last amended 2003 · Last verified July 20, 2026
In one sentenceKeeps all liable defendants jointly and severally responsible for a plaintiff's medical expenses, but for every other kind of damages splits liability by fault -- defendants found less than 25% at fault owe only their own share, while defendants at 25% or more stay jointly and severally liable.
Full Text of 735 ILCS 5/2-1117
Plain-English Summary
This section applies to negligence and strict-liability product-defect actions for bodily injury, death, or property damage, subject to the exceptions set out in Section 2-1118.
A plaintiff's medical and medically related expenses stay fully joint and several among all liable defendants, regardless of each defendant's percentage of fault.
For every other category of damages, the rule turns on fault share: a defendant found less than 25% at fault -- of the total fault attributed to the plaintiff, the defendants, and any non-employer third-party defendant -- owes only its several share. A defendant at 25% or more stays jointly and severally liable for the rest.
This section reflects the legislative push, alongside Sections 2-1116 and 2-1115.1, to limit joint liability, while Section 2-1118 restores full joint and several liability for specific categories of cases, like environmental torts and medical malpractice.
Frequently Asked Questions
Are all liable defendants responsible for a plaintiff's medical expenses?
Yes. Medical and medically related expenses remain joint and several regardless of each defendant's fault percentage.
What if a defendant is found less than 25% at fault?
That defendant is severally liable only, for damages other than medical expenses.
What if a defendant is found 25% or more at fault?
That defendant remains jointly and severally liable for damages other than medical expenses.
Whose fault counts toward the 25% threshold?
The total fault attributed to the plaintiff, the defendants sued, and any third-party defendant, except the plaintiff's employer.
Does this section apply without exception?
No. Section 2-1118 sets out exceptions where full joint and several liability still applies.
Amendment History
(Source: P.A. 93-10, eff. 6-4-03; 93-12, eff. 6-4-03.)
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: joint and several liability illinois25 percent fault threshold illinoismedical expenses joint liability illinois