What Is the Dram Shop Law in Illinois?

The Illinois Dram Shop Act is a law that allows people who have been injured by an intoxicated person to sue the establishment that served them alcohol. Dram shop liability laws are put in place to help prevent drunk driving accidents and hold liquor licensees responsible if they sell alcoholic beverages to minors under legal drinking age or to an obviously intoxicated person.

If you or a loved one has been seriously injured by an intoxicated person, you may ask “What is the Dram Shop Law in Illinois?” A car accident lawyer from the Illinois office of our law firm, can protect your rights and answer your questions.

What Is the Illinois Dram Shop Act?

In the past, bars couldn’t be held responsible for over-serving alcohol to someone who then caused harm. The Illinois Dram Shop Act (235 ILCS 5/6-21) changed this, allowing those hurt by an intoxicated person to sue the place that over-served the drinker. This law helps victims of drunk driving pursue compensation for their injuries from negligent establishments convicted of selling or giving alcoholic liquor to a visibly drunk person.

Is There Social Host Liability in Illinois Dram Shop Law?

Unlike many other states, Illinois dram shop laws only apply to businesses licensed to sell alcoholic liquor, not liquor sales to private parties (such as in a residence, hotel, or motel room) or events—as defined by the Illinois Liquor Control Act (235 ILCS 5/). The exception is underage drinking liability: adults who let underage drinking happen in spaces they provide can be held responsible for any harm caused.

So, What’s a Dram Shop?

“Dram shop” is a really old-fashioned way of describing an commercial establishments that would sell alcohol by the dram, or 1/8th of an ounce. So, yes, it’s a bar.

What Evidence Will I Need for a Dram Shop Action?

You must present evidence showing that:

• The defendant is a licensed liquor establishment (such as a tavern, bar, or liquor store).
• They served or sold the visibly intoxicated person any type of alcoholic beverage.
• The person became intoxicated by consuming the alcohol.
• Proximate cause, that patron’s intoxication caused your injuries.

Under the Illinois dram shop law, if the intoxicated person visited multiple establishments selling liquor, each place may be held liable, as long as the establishment served sufficient alcohol to make them intoxicated.

How Do I Prove My Illinois Dram Shop Act Case?

To make a successful claim, showing the person was truly drunk is key. If there was a car crash, police might use sobriety or blood tests. But when no police tests exist, you or your Illinois lawyer need evidence of such consumption (like video from the bar or receipts showing alcohol purchases).

Bars may delete evidence of unlawful consumption quickly, often in two weeks or less, so it’s crucial to act quickly to save any proof. Without this, proving your injury was caused by someone who drank too much at that specific place can be almost impossible.

What If I Was Drinking with the Intoxicated Person?

Unfortunately, the Illinois dram shop statute will prevent your claim for your own injuries caused in the accident if you were drinking with the intoxicated person. This is common with friends, spouses, and family members.

What Are the Liability Limits Under the Illinois Dram Shop Act?

The Illinois Dram Shop Act implements liability limits on the amount and type of damages a person may recover. Starting January 20, 2025, final judgments under the Liquor Control Act of 1934 are:

• For suffering personal injury or incurring property damage, compensation is capped at $88,051.76 per person.
• For loss of support or society (love and affection) from the deceased person due to death or injury, compensation is capped at $107,618.82.

Are Dram Shop Claims Limited to Drunk Drivers?

No, this Illinois law covers harm such as drunk driving, assault and battery, shootings, and hit-and-runs. Taverns and bars must protect their patrons’ safety and can be sued for negligent security if they ignore potential threats from intoxicated patrons, such as allowing weapons inside or readmitting previously ejected patrons who then commit assault.

How Much Time Do I Have to File a Claim Under the Illinois Dram Shop Act?

Unlike typical personal injury claims, action involving persons injured in a dram shop case (235 ILCS 5/6-21) must be filed within one year.