Intentional torts, whether direct or indirect, were recognized as distinct theories of liability. Negligence remained the main basis for unintended injuries.There is no negligence without a "duty. " People or companies must owe you a duty in order for them to negligent and therefore liable. No, Illinois is not a no-fault state – the state of Illinois adheres to a traditional fault-based system, also called a tort liability system. The Illinois Tort Immunity Act is a state law that limits the liability of certain government entities and employees in civil lawsuits. Illinois is a faultbased state when it comes to vehicle accident claims. Another term for this that you may see used is "tort-based." To assess a plaintiff's comparative negligence under Illinois law, courts apply the reasonable-person standard, an objective test that asks "whether plaintiff . Illinois personal injury and car accident laws are referred to as "tort liability" or "at fault" rules.