In Illinois, a bar may be liable if an intoxicated patron injures someone else. But liability is not automatic. The injured person generally must show that alcohol from the bar contributed to the patron’s intoxication and that the intoxication caused the harm.
When can a bar be responsible?
Illinois law allows certain claims against licensed alcohol sellers under its dram shop statute. These claims may apply after a drunk-driving crash or another incident in which an intoxicated person causes injury or property damage. To bring a claim, the injured person generally must show that:
- The bar or licensed seller provided the alcohol
- The alcohol contributed to the person’s intoxication
- The intoxication caused the injury or damage
What evidence can help?
Helpful evidence may include:
- Police report
- Witness statements
- Receipts or transaction records
- Surveillance video
- Medical records
- Photos of injuries or property damage
Collecting evidence early can help preserve important details before records or footage are lost.
What damages may be available?
A successful claim may allow recovery for medical bills, lost income and property damage. Illinois law may also allow certain claims for loss of financial support or loss of society in some cases.
What about private parties?
Illinois generally does not impose liability on private hosts just for serving alcohol to an adult who later becomes intoxicated and hurts someone.
In some situations, a separate Illinois law may apply if a person age 18 or older willfully gives alcohol to someone under 18. The facts and the statute’s requirements matter.
How long do you have to file?
Illinois dram shop claims are subject to a short filing deadline. Claims involving alcohol given to someone under 18 may follow different timing rules.
Because deadlines can be short, it is important to act quickly. Waiting too long may prevent recovery.
What should you do next?
After an alcohol-related injury, get medical care and gather any records, photos and witness information you can. Then review your legal options as soon as possible.
Understanding Illinois dram shop claims
A bar may be liable when an intoxicated patron injures someone in Illinois, but the result depends on the facts and the law. An attorney can review the evidence, explain the deadline and help determine whether a claim may be available.