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. 




Recent Posts


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