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In colonial times, alcoholic beverages were sold by the dram—with one dram equaling roughly one-eighth of a fluid ounce. A dram shop is essentially legal terminology for a bar, tavern, or another establishment that sells alcoholic beverages.

Illinois’ Liquor Control Act of 1934 is commonly referred to as the Dram Shop Act, and 235 Illinois Compiled Statute 5/6-21 creates a cause of action against owners of businesses that sell liquor, and also against lessors or owners of the premises on which the liquor is sold, for physical injuries to people, injuries to tangible property, or injuries to means of support or loss of society—but not both—caused by an intoxicated person. A victim who suffers injuries because of an intoxicated person’s negligence only has one year from the date of the accident to commence a legal action, which makes quick action extremely important.

Illinois Dram Shop Laws

Unlike many other states with dram shop laws, Illinois does not require a plaintiff to prove that an establishment knowingly served alcohol to a visibly intoxicated person. In order for a bar, restaurant, or other dram shop to be liable for a victim’s injuries, the plaintiff will need to prove all of the following:

• The vendor sold alcohol to the patron;
• The alcohol caused the patron’s intoxication;
• The victim suffered injuries; and
• The victim’s injuries were caused (at least in part) by the same patron’s intoxication.

Illinois also imposes limits on liability in dram shop claims. Under 235 Illinois Compiled Statute 5/6-21, liability limits are automatically increased or decreased by a percentage equal to the percentage change in the consumer price index-u during the preceding 12-month calendar year.

The new amount resulting from each annual adjustment must be determined by the Illinois State Comptroller and made available via the Comptroller’s official website by January 31 of every year and to the chief judge of each judicial circuit. For 2017, the Comptroller has established the following liability limits:

• For causes of action involving persons injured, killed, or incurring property damage on or after January 20, 2017, the judgment or recovery under the Liquor Control Act of 1934 for injury to the person or property of any person shall not exceed $67,356.23 for each person incurring damages; and
• For causes of action under the Liquor Control Act of 1934 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, 2017, the judgment or recovery shall not exceed $82,324.28.

Types of Injuries in Dram Shop Cases

Most injuries caused by intoxicated patrons involve automobile accidents. The severity of the injuries victims suffer in these crashes can vary depending on numerous factors, but retail establishments that served alcohol to drunk drivers can be liable for a victim’s medical bills, lost wages, and other damages.

Kinds of injuries victims sustain in drunk driving collisions include but are not limited to:

• Amputations
• Broken Bones / Fractures
• Burn Injuries
• Disfigurement
• Eye Injuries
• Coma
• Internal Organ Injuries
• Paralysis
• Spinal Cord Injuries
• Traumatic Brain Injuries (TBIs)
• Death

Susan Loggans Law

If you suffered catastrophic injuries or your loved one was killed in a drunk driving crash in northern Illinois, it will be in your best interest to retain legal counsel as soon as possible. Susan E. Loggans & Associates fights for drunk driving accident victims in Elmhurst, Park Ridge, Calumet City, Burbank, Oak Forest, and many surrounding areas of Cook County.

Susan E. Loggans is an experienced personal injury lawyer in Chicago who can investigate all of the circumstances surrounding your injuries and work tirelessly to hold all negligent parties accountable. She can review your case and discuss all of your legal options when you call (312) 588-9773 or submit an online contact form below to take advantage of a free initial consultation.