HB1464 amends Illinois’ Code of Civil Procedure section on joint and several liability in negligence and strict product liability cases. The bill raises the fault threshold that determines when a defendant is only severally liable for non-medical damages from less than 25% to less than 50% of the total fault of all tortfeasors. Correspondingly, a defendant with 50% or more of the total fault would be jointly and severally liable for all other damages, rather than only those with 25% or more fault under current law.
The bill does not change the existing rule that all liable defendants remain jointly and severally liable for a plaintiff’s past and future medical and medically related expenses. It also applies prospectively only to actions filed on or after the effective date, meaning it would affect future lawsuits rather than pending cases. In practical terms, the measure would shift more financial responsibility onto defendants found to be at least half at fault and reduce exposure for defendants below that threshold.
Impact
HB1464 would amend 735 ILCS 5/2-1117, altering Illinois’ comparative fault and damages allocation rules in bodily injury, death, property damage, negligence, and strict product liability cases. By moving the joint-and-several-liability trigger from 25% to 50% fault, the bill would narrow the set of defendants who can be held responsible for the full amount of non-medical damages and expand the circumstances in which defendants are liable only for their proportionate share. The change would affect plaintiffs, defendants, insurers, and tort litigants in future filed cases.
Sentiment
Based on the bill text and the lack of recorded committee testimony or votes, there is no documented public debate in the provided materials. The bill’s caption and language suggest it is a tort-reform measure, which typically draws support from business, insurance, and defense interests and opposition from plaintiff-side advocates, but no formal sentiment can be confirmed from the available record. The absence of committee transcripts or vote history means the bill’s reception in the legislature cannot be assessed from the provided context.
Contention
The main point of contention is the fault threshold for joint and several liability: supporters would likely argue that increasing the threshold to 50% better aligns liability with actual fault and limits disproportionate exposure for less-responsible defendants, while opponents would likely argue that it makes it harder for injured plaintiffs to recover full damages when one defendant is unable to pay. Another likely issue is the effect on settlement leverage and insurance costs, since changing the threshold can materially alter litigation strategy and risk allocation among multiple tortfeasors. No specific lawmakers, witnesses, or stakeholder groups are identified in the provided materials.