What is the Dram Shop Law?

The Illinois Dram Shop Act is a law that allows people who have been injured by an intoxicated person to sue the establishment that served them alcohol. Dram shop liability laws are put in place to help prevent drunk driving accidents, and to hold establishments responsible if they sell alcoholic beverages to minors under legal drinking age or to an obviously intoxicated person.

If you or a loved one has been seriously injured by an intoxicated person, you may need to know “What is the Dram Shop Law?” A car accident lawyer from our law firm, The Kryder Law Group, LLC Accident and Injury Lawyers, can protect your rights and answer your questions.

What is the Illinois Dram Shop Act?

In the past, bars couldn’t be held responsible for over-serving alcohol to someone who then caused harm. The Illinois Dram Shop Act changed this, allowing those hurt by an intoxicated person to sue the place that over-served them. This law helps victims of drunk driving pursue compensation for their injuries from negligent establishments that over-served alcohol.

Illinois dram shop laws only apply to establishments licensed to sell alcohol, not private parties or events.

So, What’s a Dram Shop?

“Dram shop” is a really old fashioned way of describing an establishment that would sell alcohol by the dram, or 1/8th of an ounce. So, yes, it’s a bar.

What Evidence Will I Need?

You must present evidence showing that:

• The defendant is a licensed liquor establishment (such as taverns, bars, or liquor stores)
• They served or sold the visibly intoxicated person any type of alcoholic beverages
• The intoxicated person became intoxicated by consuming the alcohol
• That person’s intoxication caused your injuries

If the intoxicated person visited multiple establishments, Under the Illinois Dram Shop Law, each may be held liable so long as the establishment served sufficient alcohol to make them intoxicated.

How Do I Prove My Illinois Dram Shop Act Case?

To make a successful claim, showing the person was truly drunk is key. If there was a car crash, police might use sobriety or blood tests. But when no police tests exist, you’ll need evidence like video from the bar, or receipts showing alcohol purchases.

Bars may delete such evidence quickly, often in two weeks or less, so it’s crucial to act fast to save any proof. Without this, proving your injury was caused by someone who drank too much at that specific place can be almost impossible.

What If I Was Drinking with the Intoxicated Person?

Unfortunately, the Illinois dram shop statute will prevent your claim if you were drinking with the intoxicated person. This is common with friends, spouses, and family members.

What Can I Recover Under the Illinois Dram Shop Act?

The Illinois Dram Shop Act implements liability limits on the amount and type of damages a person may recover. The Illinois 2024 liability limits for final judgements of settlements on or after January 20, 2024, are:

• For an action involving persons injured, killed, or incurring property damage, the cap is $85,578.54.
• In addition, there is a cap on recovery of $104,595.99 for loss of means of support or loss of society (love and affection).

Are Dram Shop Claims Limited to Drunk Drivers?

No, the Act covers harm including violence or injuries such as:

• Drunk driving
• Assault and battery
• Shootings
• Hit and run

Taverns and bars must protect their patrons’ safety and can be sued for negligent security if they ignore potential threats from intoxicated patrons, such as allowing weapons inside or readmitting previously ejected patrons who then commit assault.

How Much Time Do I Have to File a Claim Under the Illinois Dram Shop Act?

Unlike typical personal injury claims, the statute of limitations for the Illinois Dram Shop Act lawsuits is one year.