How Does the Illinois Dram Shop Law Work?

 Posted on February 08, 2022 in Personal Injury

When you think about the health risks associated with consuming too much alcohol, you might think of issues such as high blood pressure or liver disease. Health conditions such as these, however, are just some of the countless ways that alcohol abuse can lead to injuries or death. Injuries related to alcohol, including those resulting from car crashes, falls, or violence, are quite common. In addition, international statistics indicate that about 3.2 percent of deaths worldwide are linked to alcohol.

If you have been hurt in an accident related to alcohol, you have the right to file a personal injury claim against the party whose alcohol use caused the incident. However, in some cases, you might also be able to bring a claim against an establishment that served the party alcohol. Such claims may be filed under what are known as the Illinois Dram Shop laws.

What You Need to Know

Under specific circumstances, Illinois law allows an injured individual or the representative of the victim of a fatal accident to file a personal injury claim against an establishment such as a bar or restaurant. For the claim to be successful, you and your counsel must show that:

• The party who caused the accident that resulted in injury or death was intoxicated at the time of the incident.
• The named establishment provided alcohol to the intoxicated party, who then consumed it.
• The provided alcohol was the cause of the party’s intoxication.
• Your injuries were caused, at least in part, by the party’s intoxication.
• You suffered financial losses or damages as a result of your injuries.

Consider an illustrative example: A woman is traveling on a local highway when her vehicle is hit by a pickup truck driven by a man who is legally considered under the influence of alcohol. The woman suffers a broken leg, a severe brain injury, and substantial damage to her car. In such a case, the woman would have the option of filing a claim against the man’s insurance policy for damages, but she might also be able to take action against the bar where the man was drinking all evening.

As far as compensation goes, the woman would likely be eligible to collect for her hospital bills, prescription medication expenses, any needed ongoing treatment, and other medical costs. She would also be likely to collect damages for her time away from work as a result of her injuries, as well as the costs associated with repairing or replacing her vehicle.

Call an Arlington Heights Personal Injury Lawyer

For more information about collecting compensation for injuries sustained as the result of an alcohol-related accident, contact a Cook County personal injury attorney. Call 847-797-8000 for a free consultation with a member of the team at Newland & Newland, LLP today.

Sources:

https://courts.illinois.gov/court/CircuitCourt/CivilJuryInstructions/150.00.pdf

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=023500050K6-21