Illinois Senate Bill SB2947

Illinois 2023-2024 Regular Session

• Introduced: 1/31/24
• Refer: 1/31/24
• Refer: 2/6/24
• Refer: 4/19/24

Caption

CIV PRO-INSTRUCTION-LIABILITY

Impact

This bill is designed to recalibrate liability standards by delineating the thresholds of fault for defendants concerning non-medical damages. Under SB2947, if a defendant's fault is less than 25% of the proximate cause of the damage or injury, they are severally liable for non-medical damages. Conversely, if their fault is 25% or greater, they are jointly and severally liable. Such changes could have notable impacts on defendants, especially in complex negligence cases where multiple parties might be held accountable.

Summary

SB2947 is a significant proposal aimed at reforming the civil liability landscape in the state of Illinois, particularly concerning actions involving bodily injury, death, and physical property damage tied to negligence and strict tort liability. The bill seeks to amend the existing provisions of the Civil Practice Article of the Code of Civil Procedure, specifically altering how jury instructions are given regarding fault findings in tort cases. One of the bill's key components is the removal of instructions that would allow a jury to declare a defendant not liable if a plaintiff's fault exceeds 50% of the injury's proximate cause.

Contention

As with many tort reform measures, SB2947 raises discussions on equity and accountability in liability cases. Supporters advocate that changing the thresholds for liability and jury instructions can alleviate the burdens placed on defendants, potentially leading to a more favorable business climate by limiting excessive punitive outcomes in civil cases. On the other hand, opponents express concern that this bill could undermine the rights of plaintiffs and restrict their ability to seek adequate justice, particularly in cases where multiple parties may have contributed to an injury or damage.