Illinois Dram Shop Act

Get your
Free Consultation
Custy Law Firm | Accident & Injury Lawyers

May 10, 2019

The Illinois Dram Shop Act (235 ILCS 5/6-21) (the “Act”) generally imposes liability upon anyone whose sale or gift of liquor contributes to the intoxication of a person who hurts another. The Act also allows for the owners or lessors of buildings to be held liable when they know alcohol will be dispensed on the property. In order to prevail on a claim under the Act, the plaintiff must prove:

(1) the alleged intoxicated person was intoxicated at the time of the occurrence;

(2) the defendant, by and through its owners, agents, or employees, provided intoxicating liquor consumed by the wrongdoer;

(3) the liquor provided by the defendant caused the wrongdoer’s intoxication;

(4) the wrongdoer’s intoxication was at least one cause of the incident; and

(5) as a result of the incident, the plaintiff suffered injury.

The Act’s intent is to place responsibility for damages caused by intoxicating liquor on those who profit from its sale, and the Act should be liberally construed to protect the health, safety, and welfare of the people from the dangers of the traffic in liquor. Graham v. United National Investors, Inc., 319 Ill. App. 3d 593, 597-98 (2001).

Potential Recovery is Limited

However, the amount a plaintiff can recover is limited under the Act and is adjusted annually according to the consumer price index.  For causes of action involving persons injured, killed, or incurring property damage on or after January 20, 2019, the judgment or recovery for injury to the person or property shall not exceed $70,091.09. For causes of action under the Act for either loss of means of support or loss of society resulting from the death or injury of any person on or after January 20, 2019, the judgment or recovery shall not exceed $85,666.89.

1 Year Statute of Limitation

The Act is unique in that a claim must be brought within 1 year after it arose or it will be barred. A typical negligence claim for injuries in Illinois must be brought within 2 years.

No Claim Under the Act for Injuries or Death of Intoxicated Person

The Act also does not confer a cause of action for injuries to the intoxicated person himself or for loss of means of support or society of any person claiming to be supported by such intoxicated person or claiming the society of such person.

Other Potential Claims May Arise Outside the Act

No claim arising from the sale or provision of alcohol exists in Illinois outside of the Act. While the Act preempts all claims arising from the provision of alcohol, it does not foreclose other claims based on legal theories independent from the defendant’s provision of alcohol.  For example, Illinois courts have upheld tavern liability based on the actions of the tavern after the patron became intoxicated, including Harris v. Gower, Inc., 153 Ill. App. 3d 1035, 1037-38, 506 N.E.2d 624, 624-25, 106 Ill. Dec. 824 (1987), where bar employees placed an intoxicated, unconscious patron in his car in which the patron later froze to death.

Dram shop claims often require quick action to preserve relevant evidence to support the claim and hold all responsible parties accountable.  If you or a loved one have been hurt or a loved one has been killed by an intoxicated person, we’re here to discuss the matter with you.

In The News
Sep 22
How to Win at Mediation

Mediation is a form of alternate dispute resolution. Mediation can consist of settlement negotiations facilitated by a neutral third party between an accident victim and the person responsible for the […]

VIEW ALL NEWS
Is Mediation Legally Binding?
Sep 15

A critical issue in an Indiana personal injury case is deciding whether to settle the matter in mediation. Mediation is a guided negotiation process led by a trained mediator to […]

Preparing for Personal Injury Mediation
Sep 08

If you’ve filed a personal injury lawsuit after an accident, you may have been ordered to participate in mediation. Or maybe you heard your Indiana personal injury attorney mention it. […]

How Mediation Works in Personal Injury Cases
Sep 01

You’ve been hit by a car, injured after falling in a grocery store, or hurt by a malfunctioning consumer product. Whatever personal injury case you have, there’s a good chance […]

The Most Common Causes of Car Accidents
Dec 01

While some car accidents may be unavoidable and not any driver’s fault, such as a deer jumping into the road, most car accidents are preventable. There are many reasons or […]

Testimonials

Custy Law Firm has redeemed the reputation lawyers face in the legal field. I’m so grateful for their professionalism, their communication skills as well as their knowledge of the law. […]

- Yolonda M

Brian and his team were extremely helpful to us in resolving our case (related to personal injury from a traffic accident).  Brian listened to what our goals were for the […]

- Saroj S.

As a medical professional, I would like to testify that Mr. Brian Custy is the best attorney I met in Indiana. I trust his knowledge, experience, and professionalism. The firm […]

- Fei L.

From the first visit at Custy Law , I felt completely comfortable that my Auto accident would be taken care of. It was as if a huge weight was lifted […]

- Glenn H.

I am extremely happy with the quality of service and guidance I have received with Custy. His staff are amazing and he is very professional and down to earth. He […]

- Erin C.

Custy Law Firm provides the highest level of professional and ethical services to its clients. Brian Custy and staff are deeply committed to obtaining justice for those harmed by the […]

- Lisa C.

My experience with The Custy Law Firm has been nothing short of fantastic. I knew very little after PA school regarding the reading, understanding, and negotiating of contracts when accepting […]

- Monica B.

We’ve known Brian for a long time and he’s excellent on many levels. He has always focused on learning, achieving his goals, and operating ethically. He’s friendly, hard-working, very professional, […]

- Jenne C.

Brian Custy helped me at a time I needed someone I could trust.  He was attentive, positive, thorough, knowledgeable, and professional in every exchange.

- Judy M.

To some they would think my case as minimal. Custy Law Firm treated me with the most respect and consideration. Thank you CLF.

- William C.

I originally tried to use our legal counsel from my union. I was getting lowball offers, and after I refused to accept their offer, I was fired by my very […]

- RYAN D.

Since day one i have received the best service that anybody can ask for. Mr. Custy and Melissa have been such caring and trustworthy people. They really make you feel […]

- Joel Marquart

“Mr. Custy is an excellent lawyer that not only takes care of business but actually takes the time to listen to his clients. Mr. Custy cares and that is why […]

- CARLOS G

I have had the pleasure of working with Attorney Custy for the past two years on two cases at the same time. This has been the hardest thing I have […]

- ANGIE R.

“Brian Custy is a terrific lawyer that takes the time to walk you through the entire process, explaining all of the details that often times get overlooked. His follow-up was […]

- COREY O.

“Mr. Custy is a very good lawyer. He goes out of his way to make sure he is doing the best he can for your case. He is always there […]

- ALICE B.

“ Custy Law Firm | Accident & Injury Lawyers has gone above and beyond while working on my case. I was injured on the job and Brian has given me […]

- TIFFANY G.
View All Testimonials
American Association for Justice Logo
Illinois State Bar Association Logo
Academy of Truck Accident Attorneys
National Trial Lawyers top 100 Attorneys Logo
NTL Top 10 for Trucking Litigation
National Institute for Trial Advocacy
Indiana Trial Lawyers Assocation
Trial Lawyer's College Thunderhead Ranch Logo
American Association for Justice Logo
National Association of Distinguished Counsels
American Association for Justice Logo
GET YOUR FREE CASE EVALUATION