Recent data indicates that Illinois has one of the highest rates of driving under the influence of alcohol—nearly 4,000 people in the state were killed in crashes involving a drunk driver. In cases like these, there are several factors in sorting out responsibility for injuries or death caused by impaired driving. Aside from the driver, Illinois is one of several states that provide further relief for those injured or killed by drunk drivers.
The Liquor Control Act in Illinois (also known as the Dram Shop Act) states that “any person, licensed under the laws of this State or of any other state to sell alcoholic liquor, who, by selling or giving alcoholic liquor, within or without the territorial limits of this State, causes the intoxication of such person.”
In layman’s terms, this means an injured party can bring a claim against a vendor who provided the alcohol. Claims can be made for personal injury, property damage, and damage to means of support or loss of society. The stipulations of the law state that the vendor sold alcohol to the person causing the injury, the alcohol sold contributed to or caused the person’s intoxication, and this intoxication was the cause of the plaintiff’s injuries.
In Illinois, it is not necessary for a bar or restaurant to continue to serve alcohol to an intoxicated customer; the law states that the vendor need only to have served alcohol to the customer. If the customer subsequently causes injury after becoming intoxicated at the establishment, the vendor can be held liable for its actions.
In addition, the person who owns, leases, or rents the property where the alcohol was sold or provided can be held liable for damages to the injured party. This section of the law also holds liable anyone who rents a room to minors who then cause injury as a result of drinking, with some stipulations that must be met. The injured party must prove the following:
- The person who caused the injury was intoxicated when the incident happened.
- The vendor gave or sold alcohol to the person who consumed it and then became impaired.
- The alcohol provided or sold by the vendor caused the intoxication.
- The injuries outlined in the claim were wholly or partly the result of the person’s intoxication.
- The plaintiff suffered injury or loss of property due to the above.
Further, the “social liability” section of the Illinois Liquor Control Act assigns some responsibility to hosts of private parties, but only if the intoxicated person is under age 21. By providing alcohol to minors on their property, the host is held liable if an intoxicated minor causes injury. Otherwise, hosts of a private party cannot be held responsible in Illinois for the subsequent actions of their intoxicated guests. In addition, guests themselves cannot file claims against hosts for injuries resulting from their intoxication.
If you believe you meet these qualifications, take action promptly. Claims must be filed within one year of the injury, and caps are currently established at $45,000 for injury and $55,000 for lost support/companionship. The law does allow for changes in these limits based on the consumer price index, so if you’re planning on seeking compensation under these laws, enlist the aid of an experienced attorney immediately.
