Glenview Attorney Reviews the Illinois Dram Shop Act

August 18, 2018 by Barry Zlotowicz Law Firms  Vioilent Crime 

Glenview Attorney Reviews the Illinois Dram Shop Act

Drinking too many alcoholic beverages at a bar or restaurant can lead to Glenview Attorneyalcohol-related injuries, accidents or worse. As a Glenview attorney, I want to provide you a brief overview on the dram shop liability law in Illinois.

If you or a loved one has suffered an alcohol-related injury, contact me today at 847-305-4105 for a free consultation or read below to learn more about what you can do to recover.

Dram Shop Laws in General

Dram shop laws are a body of laws that provide a legal cause of action against the owner of a tavern, pub, restaurant or other establishment that provided alcohol to someone who caused an injury or damages.

This does not necessarily apply to social hosts who provided alcohol to guests at a social function. Check the laws of your state to determine whether social hosts are on the hook as well.

Illinois Dram Shop Law

The Illinois dram shop law ensures that those who sell or dispense alcoholic beverages to obviously intoxicated individuals or minors are held responsible for any damages or injuries that those individuals cause. This can include motor vehicle accidents, physical altercations, harassment, slip and falls, property damage, and more.

Statute of limitations

Per Illinois statute, there is a one-year time limit in which to file a lawsuit under the Dram Shop Act.

Important: Note that the one-year time limit is significantly shorter than the amount of time in which you have to file a lawsuit for your injuries against the defendant. If you suspect that a pub or other establishment may be at fault for your injuries, do not delay. Contact a Glenview attorney immediately at 847-305-4105.

Elements of the cause of action

To establish a cause of action under the Illinois Dram Shop Act, a plaintiff must prove the following:

  • The alcohol was sold or dispensed by the defendant
  • The defendant could foresee that this alcohol would cause the plaintiff or perpetrator to become intoxicated
  • There are damages (medical, property, emotional, etc.)
  • These damages were caused by the patron’s or the plaintiff’s intoxication

Defenses

Illinois’ stricter laws mean that anyone who sold or gave the patron alcohol throughout the evening leading up to the incident can be held comparatively negligent.

Bars, restaurants, and vendors often use the following defenses:

  • Extraterritoriality: the alcohol was consumed outside of the state of Illinois
  • Provocation: the injuries suffered by the plaintiff are due to a provocation on their part
  • Complicity: that the plaintiff is one of the people actively contributing to the intoxication of the patron or themselves

Damages

The amount a victim can recover under the Illinois Dram Shop Act is limited. The amount changes every year. In 2018, the dram shop liability limits for alcohol-related injuries are:

  • For causes of action involving persons injured, killed, or incurring property damage on or after January 20, 2018, the judgment or recovery cannot exceed $68,777.44
  • For causes of action for loss of means of support or loss of society resulting from the death or injury of any person on or after January 20, 2018, the judgment or recovery cannot exceed $84,061.32

Note that this money is on top of the money you can recover from the defendant who caused your accident.

For a free evaluation of the viability of your Illinois Dram Shop Act case, contact our office today at 847-305-4105 for a free consultation.


Disclaimer

This blog is for entertainment and informational purposes only. It is not intended as legal advice and the accuracy thereof is not warranted or guaranteed. This information is prone to errors and omissions. Use this information at your own risk. Reading this blog does not create an attorney-client relationship. All content in this blog is owned by the creator. This blog may include copyrighted information. Use of this information constitutes a “fair use” of this material.

Have You Been Injured In An Accident? Call

847-305-4105

Fill the form below, we will call you back









Join our mailing list

The information on this site is not intended to be legal advice. Consult with an attorney for legal advice. Reading and visiting this site does not create an attorney-client relationship nor does sending an email to any of the attorneys listed on this site. An attorney-client relationship will only be made upon the appropriate consent of both you and the attorney.