Dram Shop Law: Holding Illinois bars liable for drunk driving injuries

May 07, 2013

While going through the traumatic experience of an auto accident can be challenging enough, feelings of concern and stress can quickly turn to frustration when a motorist learns he or she was injured in an accident caused by a drunk driver. After all, the accident may have been easily avoided had the drunk driver simply made the correct decision in the first place and never got behind the wheel.

However it is important for Illinois motorists to know that if they are injured by a drunk driver, not only may the drunk driver be responsible for their injuries, but if the driver was over served alcohol prior to the car accident in an Illinois bar or restaurant, the bar or restaurant may also be liable. This particular theory of liability is more commonly known as Dram Shop liability in Illinois.

Evolution of Dram Shop liability in Illinois

Previously under Illinois common law, it was generally not actionable for a bar or restaurant to oversell alcohol to an able-bodied intoxicated adult, thus a person subsequently injured by an intoxicated bar patron could not seek any remedy against bar or restaurant for over serving the patron.

However, this changed when the Illinois Liquor Control Act was passed, which amended this common law rule. Under the current law, any victim injured in Illinois by an intoxicated bar or restaurant patron - such as in a drunk driving car accident - has a valid cause of action against the licensed bar or restaurant that originally caused the intoxication of the patron.

Specifically, if a victim injured by an intoxicated bar or restaurant patron wants to maintain an action against the licensed establishment, he or she needs to be able to prove that:
- The bar or restaurant did, in fact, sell or give intoxicating liquor to a patron
- The liquor contributed to the patron's intoxication
- The intoxication was the proximate cause of the victim's injury caused by the tortious act

Consequently, a licensed bar or restaurant can be held liable if it knows, or should have known, that an intoxicated patron has consumed alcohol.

Seek Assistance if injured by a drunk driver

If you or a loved one has been injured by a drunk driver who was over served in a bar or restaurant, it is often a good idea to speak with an experienced drunk driving accident injury attorney who can advise as to what your options may be given your circumstances. Furthermore, a skilled attorney who is knowledgeable in Dram Shop liability can assess your case and help ensure all of your rights are protected.

Article provided by Woodruff Johnson & Palermo Injury Law Offices
Visit us at www.woodrufflawyers.com