DGAA bLAWg

Illinois’ Dram Shop Act

Web Admin - Friday, October 16, 2015

Illinois' Dram Shop Act, Crystal Lake personal injury attorneyWhen an intoxicated individual harms another person, the injured party may seek recovery from the bar, restaurant, or other licensed alcohol establishment that sold the intoxicated person alcohol. These “dram shop” laws allow personal injury claims for damage to property or the injury or death of a person. Frequently, these claims arise as a result of automobile accidents involving intoxicated drivers; however, they also may arise in other situations as well.   

Liquor Control Act 

The dram shop law is found within the Illinois Liquor Control Act, which is intended to promote the health and safety of people through the regulation and control of the manufacture, sale, and distribution of alcohol. Under Illinois law, any person who is injured by any intoxicated person has a cause of action against any person, licensed to sell alcohol, who, by selling or giving alcohol caused the intoxication. Liability can be extended to: 

1. An establishment, like a bar or restaurant, that sells alcohol to individuals who consume the alcohol on the premises;

2. A person 21 years of age or older who pays for a hotel room with knowledge that it will be used for the consumption of alcohol by a person under 21 years of age when such alcohol is consumed on the premises; and

3. People who own, rent, lease, or permit occupation of a building or property with the knowledge that alcohol will be sold at the property when such alcohol is consumed on the premises.   

The action can be for the loss of means of support of the loss of society, but not both. The loss of society is defined as the mutual benefits each family member receives from the continued existence of the other member. These benefits include love, affection, comfort, guidance and protection. In addition, claims can be made for damage to property, injury or death. In order to be successful, an injured person must prove that the: 

1. Establishment sold alcohol to the person who caused the damage or injury;

2. Establishment was the proximate cause of the person becoming intoxicated;

3. Injuries or damages were caused by the intoxicated person; and

4. Intoxication was at least one cause of the resulting damage or injury. 

It is important to note that there is no requirement under Illinois law that the establishment knew or had reason to know that the person was already intoxicated before serving them alcohol in order to hold the establishment liable. 

The amount of damages that can be recovered is limited. Illinois law requires the Comptroller to adjust the liability limits in accordance with the Consumer Price Index (CPI) during the preceding 12-month calendar year. For property damage, injury, or death that occurred on or after January 20, 2015, the amount of damages recoverable cannot exceed $65,511.99. Claims for the loss of means of support or society cannot exceed $80,070.21. 

Personal Injury Claims 

If you have suffered injury or damage to property as a result of an intoxicated person, there may be several options to seek recovery for your losses. For more information, reach out to an experienced Crystal Lake personal injury attorney today. Our firm proudly presents individuals throughout the northwest suburbs, including communities such as Des Plaines, Palatine, Schaumburg, Crystal Lake, Rolling Meadows, Buffalo Grove, Barrington, Arlington Heights, Inverness, and Deer Park. 

Ken ApicellaAbout the Author: Attorney Ken Apicella is a founding partner of DGAA focusing in the areas of personal injury, employment, insurance coverage disputes, and civil litigation. Ken earned his J.D. from DePaul University College of Law in 1999. He has been named a SuperLawyers Rising Star and a Forty Illinois Attorneys Under Forty to Watch. Ken has written and lectured for the Illinois Institute for Continuing Legal Education and regularly serves as a moderator at Northwest Suburban Bar Association's Continuing Legal Education seminars. 

Sources: 

http://ilga.gov/legislation/ilcs/documents/023500050K6-21.htm 

http://www.illinois.gov/ilcc/News/Pages/2015-Dram-Shop-Liability-Limits,-Maximum-Signage-Allowances,-and-Minimum-Purchase-Requirements.aspx



Recent Posts


Tags

Rolling Meadows traffic law firm guardianship attorney life insurance claims Barrington boating accident attorney Illinois insurance claim attorney Illinois workers compensation attorney Illinois business law atorneys traumatic brain injuries Buffalo Grove real estate attorney overtime pay Crystal Lake business law attorneys traffic laws Illinois workers compensation lawyer real estate Arlington Heights accident attorney paid sick leave Buffalo Grove personal injury lawyer Des Plaines tax law firm Attorney Ken Apicella Illinois job attorney independent contractor Illinois boating accident lawyer trauma after an accident Crystal Lake traffic attorney Illinois Trust Code Des Plaines accident attorney Rolling Meadows employment law attorneys slip and fall accidents Illinois wills and trusts golf accidents Illinois traffic laws Palatine estate planning lawyer jet ski accidents drunk driving statistics Barrington personal injury attorney defective products Illinois insurance dispute lawyers rumble strips Deer Park workers compensation lawyer IRA benefits dram shop law changes to mortgage law head on collisions privacy unpaid overtime pedestrian-automobile accident Schaumburg car accident attorney Barrington criminal lawyer boating accidents Palatine workers compensation lawyer commercial leasing Des Plaines injury law firm dealing with problem employees Schaumburg drug defense lawyer DUI traffic violations civil litigation attorney Palatine elder law attorney insurance agents traffic crimes estate planning attorney Illinois trucking safety Self-Directed IRA Accounts accidental death benefits preventing accidents traffic deaths insurance negligence power of attorney for healthcare Crystal Lake medical malpractice attorneys Palatine traffic accidents Rolling Meadows personal injury lawyers Inverness personal injury attorney Palatine punch death ken apicella drunk driving back injuries car crashes Schaumburg employment law attorneys Home Sale Contingencies Barrington business law firm Buffalo Grove medical malpractice lawyers life insurance policy Arlington Heights wills and trusts lawyers irrevocable trust small business DMV Super Mario Arlington Heights injury attorney living trust vs will employment law Rolling Meadows accident lawyer Chicago estate planning lawyer murder defense Deer Park employment law attorney Illinois estate planning attorney traumatic brain injury Illinois insurance attorney condo financial advisors license Illinois LLC creation Inverness probate lawyer insurance claim wrongful termination liability claims Illinois estate planning law firm POA Kenilworth estate planning attorney comp time traffic tickets business litigation Long Grove estate planning attorney Rolling Meadows corporate lawyer healthcare claims IRS traffic offenses Rolling Meadows Palatine personal injury lawyer life insurance Crystal lake insurance dispute attorney probate process uninsured motorist Barrington attorney personal injury accidents home inspection lawyer Inverness real estate lawyer expungement premises liability Exclusions insurance denial appeals Mount Prospect wills and trusts lawyers DUI defense FMLA Arlington Heights employment attorney Chicago insurance claim attorneys Inverness insurance attorney Deer Park accident attorney Arlington Heights insurance attorney criminal employment attorney criminal record Illinois law real estate lawyer capital gains tax Mount Prospect real estate lawyer gift taxes field sobriety test icy parking lots Illinois pet lawyer Rolling Meadows medical malpractice lawyers contracts Crystal Lake accident attorney Illinois traffic attorney Deer Park personal injury lawyer Arlington Heights trucking lawyer first degree murder Illinois personal injury Palatine business attorney Arlington Heights wills and trusts lawyer Rolling Meadows drug defense attorney Inverness injury lawyer boating under the influence Des Plaines motorcycle accident attorney insurance claim dispute attorney Arlington Heights Traffic Lawyer Palatine corporate attorney employee misclassification Chicago will attorney, social media platforms, Illinois estate planning lawyer, Illinois business lawyer Illinois Transfer on Death Instrument pet law Schaumburg employment attorney fiduciary rule delay Family Medical Leave Act Arlington Heights Attorney Rolling Meadows tax attorney installment contracts Illinois wills and trusts attorneys Chicago lawyer residential real estate Illinois motorcycle accident lawyer Jay Andrew living trust living trust benefits insurance claim denial Inverness elder law lawyer Chicago car accident lawyer Detainer Actions Illinois Probate Act of 1975 employment law, Illinois employment laws Buffalo Grove insurance claim dispute lawyers ObamaCare Arlington Heights lawyer estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Deer Park DUI lawyer Illinois medical malpractice case coronavirus Illinois car accident attorney special needs trust tax attorney wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Illinois will lawyer preventable medical errors car collision Schaumburg elder law lawyer spinal cord injury spinal cord injuries real estate attorneys car crash Illinois DUI attorney hit and run accident Retaliatory Discharge Joliet general practice lawyers Buffalo Grove injury lawyer Buffalo Grove law firm Illinois real estate Schaumburg estate attorney employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys Fourth of July defective products lawyer workers compensation personal injury claims Arlington Heights employment law attorneys Schaumburg construction accident lawyer license reinstatement driving Arlington Heights traffic attorney trench injuries Illinois traffic attorneys denial of life insurance personal injury claim Illinois workplace lawyer Rolling Meadows probate lawyer hiring employees elder law medical malpractice Rolling Meadows insurance lawyer CAM employee rights drug possession Deer Park medical malpractice attorney Barrington medical malpractice lawyers Illinois collections attorney forming a corporation in Illinois DUI attorney bicycle dooring accidents products liability Palatine real estate lawyer fatal car accidents medical malpractice claims Illinois construction accident attorney probate claims Barrington litigation attorney BAIID Schaumburg corporate attorney Illinois home inspection Chicago corporate attorney Crystal Lake civil litigation lawyer Barrington drug crime attorney mortgage digital assets LLCs Chicago will attorney Schaumburg criminal attorney insurance dispute attorney pedestrian accidents Illinois tax attorney real estate zoning Arlington Heights criminal lawyer civil rights violation real estate attorney blood alcohol content dynasty trusts minimum wage ACA unfunded trust surgical mistakes food poisoning Illinois trusts attorney Illinois criminal defense attorney Schaumburg estate planning lawyer insurance agent negligence Schaumburg medical malpractice lawyer Buffalo Grove traffic attorney Federal Food Drug and Cosmetic Act Illinois jet ski accident lawyer Des Plaines Schaumburg injury lawyer criminal law breathalyzer test workplace sexual harassment drug crimes lawyer insurance adjusters dog bites insurance disputes Landlord Tenant Ordinance problem employees health insurance dispute Rolling Meadows employment law attorney federal regulations for LLCs reckless homicide deed transfer foreclosed rental property Illinois employment law firm comparative negligence construction contracts trustee llinois Real Estate Lawyers Association estate planning lawyer marijuana Crystal Lake pet attorney disability benefits South Barrington real estate attorney FSLA Rolling Meadows DUI lawyer Illinois medical malpractice lawyers cell phone tower data fiduciary rule medication errors digital evidence Des Plaines medical malpractice attorney privacy laws pedestrian accident Crystal Lake medical malpractice lawyer jet ski Buffalo Grove employment lawyer Illinois insurance disputes Illinois employment attorneys severance agreements fault based insurance right to work Illinois driving without license liens social media after death manufacturing Arlington Heights car crash attorneys personal injury insurance denials vacation home real estate leasing vacation home fines DGAA estate plan cell phone overtime violations Arlington Heights wills and trusts attorney Chicago trucking accident attorney Kenilworth estate planning attorneys deadly crashes Barrington injury attorney Illinois insurance claims lawyers Illinois estate planning Illinois Human Rights Act Riverwoods estate planning lawyer rollover car crashes Crystal Lake personal injury attorney underfunded trust Inverness DUI lawyer car accident lawyers Schaumburg personal injury attorney homestead rights rollover accidents Thanksgiving Chicago employment lawyer involuntary manslaughter insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys Illinois defective products attorney senior citizens life insurance lawyer Illinois personal injury lawyers work unions low-ball insurance settlement car accident Rolling Meadows criminal attorney Illinois insurance claim dispute lawyers TBI no contest clauses IRELA speeding Buffalo Grove corporate attorney Inverness real estate attorney BUI Crystal Lake injury attorney Mount Prospect elder law attorney Crystal Lake bike accident lawyer income distribution deducation Des Plaines criminal attorney Food and Drug Administration's Food Safety Modernization Act Schaumburg probate attorney real estate closing Schaumburg wrongful death attorney Schaumburg estate planning attorney auto accidents Chicago employment attorney Arlington Heights personal injury lawyer Illinois probate lawyer Rolling Meadows personal injury lawyer Rolling Meadows traffic attorney college kids living wills Arlington Heights tax lawyer insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys federal crimes Palatine insurance lawyer Rolling Meadows litigation lawyer murder controlled substance rent to own real estate contracts trucking accidents slip and fall natural gas explosion medical marijuana Palatine criminal defense lawyer filing a medical malpractice claim civil litigation Rolling Meadows personal injury attorney Chicago insurance law firm construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Crystal Lake law firm Barrington employment law attorney Mt Prospect Attorney Schaumburg civil litigation attorney Illinois elder law attorney commercial leases Affordable Care Act holiday statistics Crystal Lake medical malpractice law firm sexual harassment Whistleblower Claims condo association motorcycle accident Transfer on Death Instrument Des Plaines pet law attorney estate planning Barrington personal injury lawyer Illinois speeding lawyer consent to a search nursing home negligence mass shooting Illinois civil litigation lawyer Des Plaines real estate attorney Des Plaines collections attorney Illinois living will Arlington Heights wills and trusts attorneys personal injury attorney PTSD gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys Des Plaines DUI attorney insurance claims insurance attorney Arlington Heights TBI attorney Palatine employment lawyer insurance claim dispute power of attorney appealing an insurance claim Buffalo Grove traffic lawyers Illinois injury lawyer healthcare motorcycle accident lawyer Rolling Meadows boating crash lawyer sexual images pedestrian injuries, pedestrian fatality pay when paid contract insurance claim delay Colin Gilbert Deer Park criminal attorney foreclosure child safety Kenilworth estate planning lawyer employment contract Illinois texting while driving IRA trust transfer Des Plaines claims law firm Barrington estate planning attorney Schaumburg personal injury lawyers caretaker rights Crystal Lake tax lawyer Chicago traffic lawyer truck collisions Schaumburg criminal law attorney Rolling Meadows marijuana attorney Des Plaines civil attorney car crash injuries BAC Illinois corporate lawyer Chicago attorney Illinois bicycle safety murder charges Palatine civil litigation lawyer insurance dispute texting and driving Crystal Lake car accident attorney Palatine employment law lawyer breach of contract Palatine injury attorney Do Not Resuscitate Des Plaines personal injury lawyer Illinois rollover accident lawyers Barrington estate planning lawyer employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, Schaumburg traffic lawyer Palatine Attorney insurance claim denials Schaumburg Attorney digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers construction accidents denied insurance claim operating agreements Illinois Workers’ Compensation Commission distracted driving accidents Des Plaines personal injury attorney car accident lawyer Deer Park traffic lawyer elder abuse Crystal Lake employment lawyer Illinois employment laws Des Plaines Traffic Lawyer Crystal Lake pedestrian accident lawyer unauthorized overtime Palatine drug lawyer Illinois lawyer blended families Inverness traffic law firm Buffalo Grove personal injury attorney Colin H. Gilbert personal injury lawyer landlord tenant law Crystal Lake insurance lawyer Barrington civil litigation attorney denied insurance claims liability drug crime Des Plaines real estate lawyer Class A misdemeanor job lawyers creditors startup company rest breaks DUI penalities Forcible Entry Rolling Meadows insurance dispute lawyers, insurance dispute investment property Schaumburg commercial real estate caregiver Illinois mortgages Illinois wrongful termination lawyer attorney fees Rolling Meadows insurance attorney Rolling Meadows Traffic Lawyer probate lawyer pregnant women underinsured motorist Illinois employment law attorneys corporate law bad faith insurance claims traffic violations defense anesthesia errors Palatine civil attorney Policy Cancellation compensatory time crossover accidents probate Arlington Heights personal injury attorney Des Plaines drug crimes lawyer institutional trustee revenge porn Illinois Smoke Detector Act DNR GM ignition switches personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys traffic accidents underage DUI Illinois employment lawyer estate planning trusts internet Palatine trusts lawyer Rolling Meadows Attorney Crystal Lake traffic lawyer drugs Arlington Heights real estate lawyer unpaid assessment Rolling Meadows real estate attorney Illinois employment law medical research Illinois employment law attorney Long Grove real estate attorney Illinois medical malpractice attorney Buffalo Grove probate lawyer advance healthcare directive Rolling Meadows estate planning attorney bicycle accidents Inverness corporate attorney whistleblower protections Inverness accident lawyer Rolling Meadows criminal lawyer Crystal Lake estate planning lawyer Illinois attorney Crystal Lake personal injury lawyer swimming pools Deer Park real estate law firm Arlington Heights estate planning attorney Home Remodeling Repair Act Deer Park motorcycle accident lawyer Illinois medical malpractice claim digital media accounts, estate planning, Arlington Heights estate planning attorney, Illinois personal injury attorney employee discrimination pet bites Palatine employment attorney bike accident Crystal Lake will lawyer license revocation new real estate form medical malpractice compensation School Visitation Rights Act landlord wage theft trusts employment lawyer Des Plaines personal injury lawyers pain and suffering Crystal Lake car accident lawyer trust payments Barrington Traffic Lawyer Inverness estate planning lawyer Long Grove wills and trusts attorneys Palatine law firm Crystal Lake employment attorney Barrington real estate lawyer Chicago biking tips Palatine traffic lawyer Palatine construction attorney Legal Info workers compensation benefits Illinois personal injury lawyer hands free device loopholes Schaumburg insurance lawyers Illinois insurance claim dispute lawyer agent Long Grove real estate lawyer Des Plaines insurance attorney digital information suspended license cell phone accidents eluding a police officer personal injury law firm taxes trucking accident lawyers license suspension clemency real estate contract natural gas marijuana crimes attorney Chicago estate planning Illinois traffic ticket lawyer South Barrington real estate lawyer automated cars estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Schaumburg real estate lawyer boating DUI wrongful death Long Grove estate planning Deer Park traffic accident attorney pizza emoji estate planning for college students modern family estate planning Des Plaines drug lawyer Arlington Heights car accident lawyer criminal defense Barrington employment law firm Employment Discrimination Law Illinois employee rights attorney. Rolling Meadows car accident lawyers Schaumburg personal injury lawyer car accidents Arlington Heights pedestrian accidents employees distracted driving accident victims Crystal Lake criminal defense attorney Long Grove estate planning attorneys Palatine corporate law attorneys meal breaks owner responsibility wills and trusts estate attorney Palatine probate lawyer Rolling Meadows insurance dispute lawyers Illinois real estate lawyer wills estate tax Illinois red light cameras product liability in terrorem provision Buffalo Grove criminal defense lawyer Liquor Control Act brain injury Buffalo Grove car accident lawyer Illinois pedestrian accident attorney drug crimes Inverness civil lawyer Crystal Lake employment law attorney Illinois insurance lawyer Illinois workplace discrimination attorney Fair Labor Standards Act Barrington workers compensation attorney Barrington Illinois estate planning lawyer Illinois Wage Payment and Collection Act Illinois Sales Representative Act Illinois small business Barrington criminal defense lawyer loss of consortium sole proprietorship Rolling Meadows business lawyer Illinois registered agent probate claims process Arlington Heights medical malpractice lawyer Illinois traffic accident lawyer workers comp Rolling Meadows employment attorney subcontractor probate fees Barrington employment attorney

Archive