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Dram Shop Actions: Liquor Establishment Liability
If your personal injury was caused by an intoxicated person, you may have a remedy against the owner of the business that sold the intoxicating liquor. Under Illinois law, as set out in the Dram Shop Act, an establishment that serves liquor to someone who becomes intoxicated and then injures another because of his intoxication is liable for the injuries. Liability extends to lessors or owners of businesses selling liquor, but it does not extend to private persons serving alcohol.
In order to prevail in a dram shop lawsuit, an injured person must prove the following:
- The at-fault party was intoxicated at the time of the incident which caused injuries;
- The defendant, or his agents or employees, sold or gave intoxicating liquor to the at-fault party;
- The liquor caused the intoxication of the at-fault party;
- The at-fault party's intoxication was at least one cause of the incident which caused injury;
- As a result of the incident, the plaintiff sustained injury or damage to his property.
A person is considered to be "intoxicated" when, as a result of drinking alcoholic liquor, there is an impairment of his mental or physical faculties so as to diminish his ability to think and act.
There are a number of defenses available to a defendant in a dram shop action. If the defendant proves that the plaintiff did any of the following, then the plaintiff cannot recover damages under the Dram Shop Act:
- willingly caused the intoxication of the intoxicated person;
- actively contributed to or procured the intoxication of the intoxicated defendant; or
- provoked the conduct of the intoxicated person which caused the injury.
The amount you can recover in a dram shop action is limited by statute and is adjusted every January 20th. For dates of accident on or after January 20, 2008, the maximum recovery is $58,599.59 for injury to person or property and $71,621.72 for loss of means of support or loss of society in death cases.
The statute of limitations for filing a dram shop action in Illinois is only one year from the date of the incident, so you must proceed quickly if you believe you may have a dram shop claim.
In addition to an action under the Dram Shop Act, an injured person still has the right to pursue a claim against the intoxicated defendant for his negligence or recklessness, and punitive damages may be available. There are no caps on the damages that may be recovered from the intoxicated defendant. See our page on accidents involving intoxicated drivers for more information.
Given the complexity of the evidence required to prevail in a dram shop action, it is important to select a law firm with experience and skill in this area of the law. Drake & Collopy, P.C. has successfully litigated numerous dram shop actions on behalf of injured clients.
If you or someone in your family has been injured by an intoxicated person, contact Drake & Collopy, P.C. right away to ensure that a thorough investigation of the facts surrounding the intoxication is performed before crucial evidence is lost. Contact us online or call us at 312.345.0220, or toll free at 1.888.372.5355, for more information or to schedule a free consultation.
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