Dram Shop

The Illinois Dram Shop Act provides that every person who is injured by any intoxicated person as a result of his intoxication has a claim against any person who sells or gives alcoholic liquor thereby causing the intoxication of the intoxicated person. The law extends to lessors or owners of a business or businesses selling liquor but does not extend to individuals serving liquor in a private setting.

In order to succeed in a Dram Shop case against an establishment with over served someone, the plaintiff must prove the following:

1. The at fault driver was driving under the influence at the time of the collision;
2. The defendant, his agents or employees sold alcohol to the at fault driver.
3. The liquor sold by the defendant caused the at fault driver to become intoxicated. of the
4. The defendant's intoxication was at least one cause of the occurrence in question;
5. As a result of the occurrence, the plaintiff suffered injury or damage to his property.

Under the law a person is considered "intoxicated" when the consumption of alcohol causes impairment of the person's mental or physical faculties to the point where their ability to think act is diminished. "Alcoholic liquor" includes any liquid alcohol which contains more than ½ of 1% of alcohol by volume.

Several defenses are available to a defendant in a case brought under the Dram Shop Act. If a jury finds that a plaintiff did any of the following then the plaintiff cannot recover damages under the Dram Shop Act:

• Willingly caused the intoxication of the intoxicated defendant;
• willingly encouraged the drinking which caused the intoxication of the intoxicated defendant;
• voluntarily participated to a material and substantial extent in the drinking which lead to the intoxication of the intoxicated defendant;
• actively contributed to or procured the intoxication of the intoxicated defendant;
• provoked the conduct of the intoxicated defendant which caused the injury.

Although the Dram Shop Act provides that a business can be held responsible, the amount of damages is limited by statute.

Any person injured or killed on or after January 20, 2010, the recovery for an individual cannot exceed $60,247.68 for each person who was injured or killed. Additional the recovery for loss of society shall not exceed $73,636.05.

The statute of limitations for the filing of a Dram Shop action in the State of Illinois is one year from the date of the accident.

In addition to an action under the Dram Shop Act, an injured person also has the right to pursue a claim against the driver for his negligence. Illinois does not cap the damages that may be recovered in that regard.

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