Chicago Dram Shop Liability Attorney

There are more than 2,900 bars in Chicago, Illinois, which does not include shops, restaurants, and grocery stores that sell liquor [1]. While a beer after work may be enjoyable, too much alcohol can lead to tragic consequences – and the establishment that served alcohol can also be responsible for any injuries sustained. 

If an intoxicated person has harmed you, you may be eligible for compensation under dram shop laws. These hold bar owners or places that sell alcoholic liquor partially liable for an accident caused by an intoxicated patron.

A Chicago dram shop lawyer from our firm can assist you with filing a personal injury case for a car accident caused by an intoxicated driver who was served alcoholic beverages by a bar or liquor store. 

Understanding the Dram Shop Law in Chicago

In Illinois law, a “dram shop” is an establishment that sells alcohol. The term “dram” dates back to colonial times when a vendor sold alcohol by the ounce. 

Illinois dram shop liability laws date back to 1934. It asserts that if a defendant sold alcohol to a patron who then went on to cause a drunk driving accident, property damage, or wrongful death, they could be held liable for the victim’s injuries.

Illinois Dram Shop Act

Illinois allows an injured party to seek compensation from a bar, restaurant, or other establishment that provided alcohol to a person who then went on to cause injury because of their intoxication. 

Unlike in other states, Illinois dram shop laws do not require proof the establishment served liquor to a visibly intoxicated person nor that the business was aware of the severity of the person’s intoxication. 

Under Illinois dram shop law, it must only be shown that the establishment had a liquor license, served the person alcohol, that alcohol caused the accident, and that the plaintiff suffered damages. 

Illinois Liquor Control Act

The Illinois Liquor Control Act of 1934 restricts the sale of alcohol to establishments with valid liquor licenses except in certain circumstances, such as hospitals using alcohol for medical purposes. Under this law, dram shop action can be taken against any establishment that causes a patron’s intoxication if the person then caused a serious injury, accident, or property damage.

Liability for Dram Shop Liability Claims

Our dram shop liability attorneys can pursue compensation from a variety of parties. The primary requirement is that they hold a valid liquor license, and it can be established that they sold alcohol to the person who perpetrated the injury. This can include:

• Bars
• Pubs
• Taverns
• Lounges
• Restaurants
• Nightclubs
• Liquor stores
• Gas stations
• Grocery stores
• Convenience stores

Common Accidents Subject to a Dram Shop Liability Claim

A Chicago dram shop attorney from our firm can pursue various personal injury cases related to the Illinois Dram Shop Act. These are the most common cases we see at our law firm. 

Drunk Driving Accidents

Even if they survive, victims injured in a drunk driving accident may suffer life-altering injuries. A person is considered impaired if their Blood Alcohol Concentration (BAC) is 0.08 [2]. This percentage equals about four or five drinks for the average adult man [3]. 

However, in an Illinois dram shop case, it’s not necessary to prove the drunk driver was noticeably intoxicated when they were sold the drink.

Personal Injury

In Chicago dram shop cases, a bar or other establishment can be responsible if their patrons cause injury to another person, such as by bar fights. This does not need to occur on the premises for them to be liable.

Property Damage

Our dram shop attorneys can pursue claims if your car or other belongings were damaged by a drunk person, such as if a drunk driver slammed into your parked car. 

Wrongful Death

43% of Illinois auto accident fatalities are caused by drunk drivers [4]. These preventable tragedies are not only the ones that may be caused by alcoholic beverages either – 40% of those convicted of violent offenses were under the influence at the time of the crime [5].

The Importance of Hiring a Lawyer for a Dram Shop Liability Case

Professional legal assistance is crucial in a dram shop liability case, as we can help negotiate fair compensation and hold dram shops accountable.

We will assist you with investigating all the particulars of the incident, such as proving the shop sold the individual liquor and partnering with experts to determine how alcoholic beverages contributed to the accident. 

Our expert negotiators will also represent you against the insurance company, which will seek to reduce its liability by downplaying its role. We are familiar with their tactics and the expected compensation in these cases, ensuring they provide a reasonable settlement.

If necessary, we will also provide you with crucial trial representation, presenting the required evidence before a judge and jury. 

Recoverable Compensation for Chicago Dram Shop Injuries

The Illinois Office of Comptroller annually sets liability limits for dram shop claims using the Consumer Price Index. For 2024, the limit for serious injuries or property claims is $85,578.54, while the limit for wrongful death or permanent disability is $104,595.99.

Compensation you can receive includes:

• Medical bills
• Future medical needs
• Lost wages
• Loss of earning potential
• Burial expenses
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of companionship

Proving Negligence in Dram Shop Liability Cases

Dram shop cases work slightly differently than other personal injury cases. These are the factors necessary to demonstrate negligence:

• The dram shop served an alcoholic drink to the patron.
• This drink caused the person’s intoxication.
• The victim suffered injuries.
• The injuries sustained were caused, in part, by the patron’s intoxicated state.

Reach Out to an Experienced Dram Shop Liability Attorney Today!

To schedule your free case evaluation with an experienced personal injury attorney, contact us online or call us 24/7 at (888) 424-5757.

We also serve clients from Buffalo Grove, Decatur, Naperville, Schaumburg  and throughout Illinois.

Resources: [1] Rentech Digital, [2] National Highway Traffic Safety Commission, [3] MedicineNet, [4] Bankrate, [5] Alcohol Rehab Guide, [6] Illinois Liquor Control Commission