Notwithstanding the provisions of Section 2-1117, in any action in which the trier of fact determines that the injury or damage for which recovery is sought was caused by an act involving the discharge into the environment of any pollutant, including any waste, hazardous substance, irritant or contaminant, including, but not limited to smoke, vapor, soot, fumes, acids, alkalis, asbestos, toxic or corrosive chemicals, radioactive waste or mine tailings, and including any such material intended to be recycled, reconditioned or reclaimed, any defendants found liable shall be jointly and severally liable for such damage. However, Section 2-1117 shall apply to a defendant who is a response action contractor. As used in this Section, "response action contractor" means an individual, partnership, corporation, association, joint venture or other commercial entity or an employee, agent, sub-contractor, or consultant thereof which enters into a contract, for the performance of remedial or response action, or for the identification, handling, storage, treatment or disposal of a pollutant, which is entered into between any person or entity and a response action contractor when such response action contractor is not liable for the creation or maintenance of the condition to be ameliorated under the contract.
2-1118.Exceptions.
Article II. Civil Practice · Part 11. Trial · Not amended since adoption on record · Last verified July 20, 2026
In one sentenceRestores full joint and several liability -- instead of the fault-based split in Section 2-1117 -- for cases involving environmental pollutant discharges (with a carve-out for response action contractors) and for medical malpractice actions.
Full Text of 735 ILCS 5/2-1118
Plain-English Summary
This section identifies two categories where Section 2-1117's several-liability-below-25%-fault rule doesn't apply, and defendants instead stay fully jointly and severally liable for all damages.
The first category covers injury or damage caused by discharging a pollutant into the environment -- waste, hazardous substances, irritants, or contaminants, with smoke, vapor, soot, fumes, acids, alkalis, asbestos, toxic or corrosive chemicals, radioactive waste, mine tailings, and materials meant for recycling or reclamation all listed as examples. Within that category, a response action contractor -- one who contracts to perform remedial or response work, or to handle a pollutant, and isn't liable for creating the underlying condition -- gets the fault-based treatment in Section 2-1117 instead of full joint liability.
The second category covers any medical malpractice action, as defined in Section 2-1704, based on negligence; those defendants stay fully jointly and severally liable.
The version note on this record flags that this section was at one point repealed by P.A. 89-7, and that repeal was held unconstitutional -- meaning the text shown here, predating the repeal, is what remains in force.
Frequently Asked Questions
Does the 25%-fault liability split in Section 2-1117 apply to environmental pollution cases?
No. This section restores full joint and several liability for damage caused by discharging a pollutant into the environment.
Is there an exception within the environmental exception?
Yes. A response action contractor not responsible for creating the underlying contamination is instead treated under Section 2-1117's fault-based rule.
Does this section apply to medical malpractice actions?
Yes. Medical malpractice actions under Section 2-1704 based on negligence keep full joint and several liability among liable defendants.
What examples of pollutants does the section list?
Smoke, vapor, soot, fumes, acids, alkalis, asbestos, and toxic or corrosive chemicals, among other hazardous substances and radioactive waste or mine tailings.
Was this section ever repealed?
The record notes it was repealed by P.A. 89-7, but that repeal was held unconstitutional, so the text here remains the law.
Amendment History
(Source: P.A. 84-1431.)
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: environmental pollution joint liability illinoismedical malpractice joint and several liability illinoisresponse action contractor illinois liability