In Illinois, an establishment such as a bar, restaurant or club can be held responsible for injuries suffered as a result of over-serving a patron. These cases usually involve a drunk driver who was served alcohol at a bar and then causes an injury to a third party. This is known as a case under the Illinois Dram Shop Act. Under the Act, someone who has been injured by an intoxicated person can hold the establishment who over-served him or her financially responsible and liable for any damages.
To prove a case under the Dram Shop Act, an injured party must demonstrate:
- The vendor sold alcohol to the person causing the injury
- The alcohol sold by the vendor caused or materially contributed to the person’s intoxication
- The intoxication was the proximate cause of the plaintiff’s injuries
These cases are subject to a one-year statute of limitations which applies to any cause of action a minor may have. The Act also is subject to statutory caps, and there are limitations if an injury happened outside of the state. If you believe you may have a case under the Illinois Dram Shop Act, contact an experienced lawyer.
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