In some dram shop cases, the defendant – typically the establishment which serves alcohol – may proclaim “complicity” as a defense against charges brought by the plaintiff, who is typically the victim of the actions of an intoxicated person. According to Section IV A. [4.14] of the Illinois Dramshop Practice Act handbook issued by the Illinois Institute for Continuing Legal Education (IICLE):
“Complicity is the primary defense available against claims made pursuant to the Dramshop Act. “Complicity” is a plaintiff’s willing, active, and voluntary participation and/or encouragement to a material and substantial extent in the intoxication of the inebriate. The plaintiff in Burnley v. Moore, 41 Ill. App.2d 156, 190 N.E.2d 141 (1st Dist. 1963), for example, was the waitress who had sold the liquor to the inebriates. Such encouragement and assistance in providing the alcohol prohibited her recovery pursuant to the Dramshop Act.
Complicity is an affirmative defense that must be proved by a preponderance of the evidence, and that burden is carried by the dramshop defendant who raises it. If the defendant is unable to present by a preponderance of the evidence that the plaintiff actively contributed to or procured the inebriate’s intoxication, the question should not be submitted to the jury. However, when the facts establishing the plaintiff’s contribution to or procurement of intoxication are undisputed and lend themselves to only one conclusion, then summary judgment or directed verdict for the defendant dramshop is in fact appropriate.”
If you or a loved one has been injured due to the negligence of an intoxicated person, we will help you pursue damages against the person/s directly responsible for the accident, and if the dram shop had supplied excessive alcohol to the at-fault party, that establishment may be legally liable for your compensation.
We are proud to serve our fellow citizens in personal injury cases, especially when you or a loved one has been injured in an accident due to another’s negligence. We see you as a person, not just a client – and that makes us better at the work we do. We listen. We learn your story. And, as we help you get the money you deserve, we go above and beyond in a way most law firms never could and never would. Because we’re not just lawyers. And you’re not just a client. We’re friends, neighbors, family. We’re all people and here at Mike Agruss Law, we put People, First.
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