Skip to content

Proving Liability Under the Dram Shop Law

Michael Agruss

Written and Reviewed by Michael Agruss

  • Managing Partner and Personal Injury Lawyer at Mike Agruss Law.
  • Over 20 years of experience in Personal Injury.
  • Over 8000+ consumer rights cases settled.
  • Graduated from the University of Illinois Chicago School of Law: Juris Doctor, 2004.

There are five essential elements needed to establish liability under dram shop law in Illinois. According to Chapter 5, Section G. [5.34] of the Illinois Dramshop Practice Act handbook issued by the Illinois Institute for Continuing Legal Education (IICLE):

“[In this lawsuit] [In Count ,] plaintiff [(name)] claims [(he/she)] is entitled to recover damages from the defendant. The plaintiff must prove:

First, [(allegedly intoxicated person)] (AIP) was intoxicated at the time of the [(e.g., collision)]. 

Second, the defendant, his agents or servants, sold or gave intoxicating liquor consumed by AIP.

Third, the liquor thus consumed caused the intoxication of AIP.

Fourth, AIP’s intoxication was at least one cause of the occurrence in question.

Fifth, as a result of the occurrence, plaintiff suffered [injury] [damage to his property].

If you find from your consideration of all the evidence that each of these propositions has been proved, then your verdict should be for the plaintiff. But if, on the other hand, you find from your consideration of all the evidence that any of these propositions has not been proved, then your verdict should be for the defendant. I.P.I. — Civil No. 150.02.”

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.

Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, and your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. Our unique formula has earned us over 900 outstanding client reviews on our website, an A+ BBB rating, and over 120 five-star reviews on Google. Call 888-572-0176, e-mail us at [email protected], or schedule a meeting with us here. We’re here 24/7.

Submitted Comments

No Comments submitted yet. Sharing your story will help others!

We are listening

We will respond to you at lightning speed. All of your information will be kept confidential.

Form successfully submitted!