Mason Delacroix
In Illinois, a person has up to two years after being injured to sue the person who injured them. However, the Dram Shop Act, which is a liquor liability law, allows a person to hold another person or entity responsible for their indirect contribution to the harm. This means that, in addition to suing the intoxicated person, a person can sue the licensed alcohol seller whose provision of alcohol caused the person's intoxication. The statute of limitations under the Dram Shop Act is one year from the date of the accident.
| Characteristics | Values |
|---|---|
| Illinois Dram Shop Act | Provides for civil liability for injuries caused by persons who become intoxicated by alcoholic beverages provided by the dram shop |
| Dram shop | A licensed seller of alcoholic beverages such as a bar, restaurant, or liquor store |
| Statute of limitations against a dram shop | One year from the date of the accident |
| Statute of limitations for personal injury lawsuits | Two years after being injured to sue the person who injured |
| Statute of limitations for property damage | Two years |
| Maximum award for loss of companionship or support | $101,205 |
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What You'll Learn
Illinois Dram Shop Act
The Illinois Dram Shop Act allows for civil liability for injuries caused by persons who become intoxicated by alcoholic beverages provided by licensed sellers of alcohol, such as a bar, restaurant, or liquor store. The Act makes these alcohol sellers liable, along with the intoxicated person, for any property damage or personal injury caused by the intoxicated person.
The statute of limitations under the Dram Shop Act is shorter than the general statute of limitations for personal injury lawsuits. While a person typically has up to two years after being injured to sue the person who injured them, for anyone whose liability is provided for only under the Dram Shop Act, the statute of limitations is just one year from the date of the accident. This shorter time frame makes it crucial to act fast and gather evidence, such as video from the bar or receipts showing alcohol purchases, as bars may delete such proof within two weeks or less.
Under the Act, a person who has suffered each type of injury recognized can recover the limits for them all. The Illinois 2024 liability limits for final judgments of settlements on or after January 20, 2024, are as follows: for an action involving persons injured, killed, or incurring property damage, the cap is $85,578.54. Additionally, there is a cap on recovery of $104,595.99 for loss of means of support or loss of society (love and affection). It is important to note that the intoxicated person themselves cannot recover under the Dram Shop Act.
If the intoxicated person visited multiple establishments, each may be held liable under the Act, as long as the establishment served sufficient alcohol to cause intoxication. To make a successful claim, it is key to show that the person was truly drunk, through police sobriety or blood tests, or other evidence if no police tests exist. However, if you were drinking with the intoxicated person, the Illinois dram shop statute will prevent your claim.
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Liquor liability laws
Under the Illinois Dram Shop Act, a licensed seller of alcoholic beverages, such as a bar, restaurant, or liquor store, can be held civilly liable for injuries caused by intoxicated individuals who were provided with alcoholic beverages by the said establishment. The statute of limitations for claims under the Dram Shop Act is one year from the date of the accident, which is shorter than the general two-year statute of limitations for personal injury lawsuits in Illinois. The Act also includes provisions for property damage and loss of society or support, with limits on the amount of damages that can be claimed.
In addition to licensed alcohol sellers, individuals who own or lease property where alcohol is unlawfully given or sold may also be held liable under the Dram Shop Act. This includes cases where the lessor of a property knows that the premises will be used for the sale of alcohol. Illinois law also imposes liability on social hosts in certain circumstances. Specifically, any person over the age of 21 who rents a hotel or motel room, or any other premises, knowing that it will be used for underage drinking, can be held legally responsible for injuries caused by an underage drinker who becomes intoxicated on the property.
To prevent the sale of alcohol to minors and intoxicated individuals, Illinois requires all servers (and bouncers in some counties and municipalities) to undergo Beverage Alcohol Sellers and Servers Education and Training (BASSET). The BASSET certification is valid for three years and can be obtained through classroom-based or online training programs, followed by an exam.
Furthermore, licensed retailers in Illinois must pay for any alcohol purchases within 30 days to avoid being considered delinquent. Wholesalers provide a list of delinquent accounts to the state, which may result in the revocation of licenses.
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Personal injury lawsuits
In Illinois, the statute of limitations for personal injury lawsuits is generally two years from the date of injury. This time limit ensures fairness and integrity in legal proceedings by encouraging the pursuit of legal action while evidence is still fresh and reliable. However, it is important to note that the statute of limitations for cases involving intoxicated individuals is more complex due to the involvement of dram shops.
Dram shop laws, such as the Illinois Dram Shop Act, impose civil liability on licensed alcohol sellers, such as bars, restaurants, or liquor stores, for injuries caused by their intoxicated patrons. These laws recognise that alcohol-related accidents are not solely the fault of the drunk individual but also the establishment that provided the alcohol. The statute of limitations for dram shop lawsuits is significantly shorter than the general personal injury statute of limitations, allowing only one year from the date of the accident to file a claim. This shorter time frame highlights the complexity of cases involving intoxicated individuals and the need for timely legal action.
When filing a personal injury lawsuit in Illinois, it is essential to identify all potential defendants, including dram shops, as they may share liability with the directly responsible party. The Dram Shop Act allows for claims against licensed alcohol sellers whose provision of alcohol caused the intoxication of an individual who subsequently caused injury or property damage. This indirect liability is an important aspect of dram shop laws, providing additional avenues for recourse in cases involving intoxicated individuals.
The damages recoverable under the Dram Shop Act include personal injury, medical expenses, pain and suffering, and either loss of society or loss of support, but not both. The Act sets maximum limits for these damages, which are adjusted annually for inflation. For example, the maximum award for loss of companionship or support for claims arising in 2023 is $101,205. It is important to note that the intoxicated individual themselves cannot recover damages under the Dram Shop Act.
While the statute of limitations for personal injury lawsuits in Illinois is typically two years, the involvement of dram shops and their associated laws adds complexity to cases involving intoxicated individuals. The shorter statute of limitations for dram shop lawsuits underscores the importance of timely legal action and the need to identify all potential defendants early in the legal process.
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Property damage lawsuits
In Illinois, the statute of limitations for property damage lawsuits is generally five years from the date of the incident. This means that if you wish to file a lawsuit for property damage, you must do so within five years of the damage occurring, or you may be barred from seeking compensation.
There are some exceptions to this rule. For example, if the property damage occurred on government property, different rules may apply. Under the Illinois Court of Claims Act, personal injury claims against the state must be filed within one year with the Attorney General, and a lawsuit must be filed within two years. For local government bodies, the Tort Immunity Act requires written notice within one year and a claim based on harm or property damage to be filed within two years.
Additionally, the statute of limitations for dram shop laws, which govern liquor liability for establishments that sell and serve alcohol, is shorter than the general statute of limitations for property damage. Under the Dram Shop Act, which is part of the Liquor Control Act of 1934, injured third parties can sue for damages caused by drunk drivers or intoxicated individuals. The statute of limitations for dram shop law cases is one year. This means that if you wish to file a lawsuit under dram shop laws, you must do so within one year of the damage occurring.
It is important to note that the statute of limitations is a critical factor when pursuing a lawsuit. It maintains the fairness and integrity of legal proceedings and ensures that evidence remains fresh and reliable. As such, it is always recommended to consult with a lawyer to understand your specific situation and the applicable statute of limitations.
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Social host liability
Illinois has one of the broadest liquor liability laws in the nation. A liquor liability law is usually a statute that makes a person or business that sells or provides liquor legally responsible for injuries caused by their drunk customers or guests. In a few states, liquor liability comes from a state supreme court decision instead of a statute.
The Dram Shop Act, section 6-21 of the Liquor Control Act of 1934, allows certain people who contributed to the intoxication of a person who went on to cause injury or property damage to be held liable, at least to an extent. This includes a licensed alcohol seller whose provision of alcohol caused the person's intoxication. The statute of limitations under the Dram Shop Act is shorter than the general statute of limitations for personal injury lawsuits. Normally, a person has up to two years after being injured to sue the person who injured them, and that two-year period still applies to the intoxicated person who directly causes another's injuries. However, for anyone whose liability is provided for only under the Dram Shop Act, the statute of limitations is just one year.
The term "dram shop" was historically used to describe taverns and pubs that sold liquor by the "dram", a measurement used to dispense liquor. Today, a dram shop law makes liquor licensees, or those licensed by the state to sell alcoholic beverages to the public, legally responsible for injuries caused by their drunk customers. A typical dram shop statute imposes liability for selling alcohol to underage or clearly intoxicated buyers, who then cause injury to others.
"Social host" is lawyer-speak for a person who hosts a party or other social gathering where alcohol is served. If a drunken party guest injures someone, and if the state has a social host liability law, the host might be financially liable for damages. These laws, while common, aren't as widespread as dram shop laws.
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Frequently asked questions
The Illinois Dram Shop Act provides for civil liability for injuries caused by persons who become intoxicated by alcoholic beverages provided by a dram shop. A dram shop is a licensed seller of alcoholic beverages such as a bar, restaurant, or liquor store. The statute of limitations under the Dram Shop Act is one year from the date of the accident.
The Dram Shop Act, section 6-21 of the Liquor Control Act of 1934, makes certain people who contributed to the intoxication of a person who went on to cause injury or property damage liable along with that person. This includes a licensed alcohol seller whose provision of alcohol caused the person’s intoxication.
A person who has suffered each type of injury recognized under the Act can recover the limits for them all. During 2018, a person who could prove sufficient damages could recover up to $68,777.44 for personal injuries, property damage, and loss of society or loss of support. The maximum award for loss of companionship or support in 2023 is $101,205.
In addition to the intoxicated person, a person who leases property where alcohol is unlawfully given or sold, and the alcohol seller whose provision of alcohol caused the person’s intoxication can be sued under the Dram Shop Act.
