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

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

Archive