Under Illinois state law, social hosts who provide an alcoholic beverage as simple courtesy or politeness are protected from the legal liability commonly associated with dram shops.
According to Section B [1.19] of the Illinois Dramshop Act Practice handbook issued by the Illinois Institute for Continuing Legal Education (IICLE):
“It has long been the law in Illinois that no cause of action can be maintained against a person who, in his or her own house or elsewhere, gives a glass of intoxicating liquor to a friend “as a mere act of courtesy or politeness.” Cruse v. Aden, 127 Ill. 231, 20 N.E. 73, 77 (1889). No social host liability exists under the common law or the Dramshop Act.
In Charles v. Seigfried, 165 Ill.2d 482, 651 N.E.2d 154, 209 Ill.Dec. 226 (1995), the Illinois Supreme Court recognized that it is well established in Illinois that there is no common-law cause of action for injuries arising out of the sale or gift of alcoholic beverages and that, by enacting the Liquor Control Act, the legislature preempted the field of alcohol-related liability.”
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