Claims Based On Intoxication

Illinois law allows suit and recovery against the seller of beer, wine, and alcoholic liquor, if the consumption of the liquor causes or contributes to intoxication, and the intoxicated person causes injury to another, under the so called liquor liability or "dram shop act." The liability is not based upon the failure to stop serving a person who is already intoxicated, and is not in fact based on any type of negligence. Liability is assessed without any fault or negligence, other than the simple act of selling the beer or liquor.

Anyone who sells alcoholic beverages can be held liable, not just bars or taverns. This would include grocery stores, liquor stores, gas stations, and even churches. For instance, if someone buys beer at a grocery store, takes it home and consumes it two weeks later, becoming intoxicated, and then goes out and causes an accident, any other people injured in that accident have a claim against the grocery store.

A person can be damaged by sustaining bodily injuries, or by sustaining property damage, or even by suffering injury to his or her means of support, due to someone else's intoxication. The damages can arise from any number of scenarios, including fights or intentional acts, as well as negligence or motor vehicle accidents. To recover, the injured person must not have been at fault or provoked his injuries, nor have been complicit in the drinking with the intoxicated person (i.e. sharing or buying each other drinks).

Even though this liability is not based upon fault or negligence of the dram shop or liquor seller, there are statutory limits on the amount which may be recovered from the sellers of booze.

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