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Negligence Doctrine: Modified Comparative Negligence – 51 Percent Bar

Circuit # 7

Med Pay Subrogation - Yes

PIP Subrogation - Yes

Statute of Limitations

Statute of Repose: Products 10 or 12 years
Statute of Repose: Real Property 10 years
Breach of Contract (Written) 10 years
Personal Property 5 years
Personal Injury 2 years
Warranty 4 years


Sue Owner for Negligence - YES

Suspend Owner's License - YES if judgment obtained

Deductible Reimbursement

Pro Rata State
215 I.L.C.S. § 5/143(b)


(Note: ALL states allow garnishment for child support, alimony, taxes and federal student loans)

The maximum part of an individual’s disposable earnings for the work week that can be garnished is the greater of:

  1.  15% of the disposable earnings
  2. The amount of the disposable earnings that exceed 45 times the federal minimum hourly wage

Parental Responsibility

Unemancipated Minor (Under 18)
Dollar Limit on Parents’ Liability 

  • $20,000 plus costs for Property Damage/ Personal Injury
  • $20,000 plus attorney’s fees for Institutional Vandalism
  • $20,000 plus attorney’s fees for Retail Theft

Liable for willful or malicious property damage or personal injury; Liable for child’s damage to church, mosque, synagogue, cemetery, etc.; Civilly liable for retail theft by child

Subrogation by Landlord's Carrier against Tenant

No, unless lease clearly states subrogation allowed

State Specific Information: Subrogation laws and trends are constantly changing. Maybank & Owings, LLC strives to keep the state specific information up to date with reference to applicable case law, statutory law and/or interpretations provided to it by its network of local attorneys for each jurisdiction. However, it is possible the information or citation(s) may become outdated or superseded by new law(s) for the applicable jurisdiction so all users of this site should formerly retain and consult with their own attorney as to any specific claim in the jurisdiction where the claim arose. The state specific information contained on this site should not be construed as legal advice by Maybank & Owings, LLC nor relied on for any specific claim or factual situation. If you have a specific subrogation question or if you notice an error in the information provided on this site, please contact us.

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