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March
WHAT IS A DRAM SHOP?
In Illinois, as well as in many other states, a person injured by an intoxicated person may have an action against the intoxicated person that caused the injury, and against the establishment that sold the intoxicated person the alcohol that caused his or her intoxication. Commonly, these types of injuries result from physical assaults and / or crashes with intoxicated drivers. The injured person's family may be able to recover money for loss of means of support or loss of society.
In Illinois this cause of action was established by the Illinois Liquor Control Act. This statute specifically states that it is designed to protect health, safety and welfare. The act accomplishes its purpose by placing the burden to foster and promote careful use of alcohol upon those who profit financially from its consumption . These types of actions are commonly referred to as "DRAM SHOP" cases. "Dram shop" is a legal term referring to a tavern, bar or other place that sells alcoholic beverages.
The Dram Shop law imposes liability without fault and does not require the injured person or his family, to show any negligence on behalf of establishment. The injured person cannot recover, however, if he or she was an accomplice in causing the intoxication. For example, a person who encourages someone to drink excessively at a bar may not be able to recover if he or she is the one who gets injured.
Due to the no-fault liability, the states generally limit the amount that can be recovered pursuant to such an action. The time limit in which one has to bring such an action is limited as well. In Illinois the injured person or his / her family must bring the action within one year from the date of the injury or death. At present, any action brought for the person injured or killed by an intoxicated person in Illinois on or after January 20, 2009, is limited to $58,652.33. The injured person's family may recover up to $71,686.18 for loss of means of support or loss of society. The limits of the amounts recoverable are subject to change.
If you would like more information about this topic, or to schedule an interview with Jesse Harris, please contact Jesse Harris at (312) 782-4119 or 877-JVH-4LAW. Also, you can email Mr. Harris at harris@harrislawfirm.biz.
In Illinois, as well as in many other states, a person injured by an intoxicated person may have an action against the intoxicated person that caused the injury, and against the establishment that sold the intoxicated person the alcohol that caused his or her intoxication. Commonly, these types of injuries result from physical assaults and / or crashes with intoxicated drivers. The injured person's family may be able to recover money for loss of means of support or loss of society.
In Illinois this cause of action was established by the Illinois Liquor Control Act. This statute specifically states that it is designed to protect health, safety and welfare. The act accomplishes its purpose by placing the burden to foster and promote careful use of alcohol upon those who profit financially from its consumption . These types of actions are commonly referred to as "DRAM SHOP" cases. "Dram shop" is a legal term referring to a tavern, bar or other place that sells alcoholic beverages.
The Dram Shop law imposes liability without fault and does not require the injured person or his family, to show any negligence on behalf of establishment. The injured person cannot recover, however, if he or she was an accomplice in causing the intoxication. For example, a person who encourages someone to drink excessively at a bar may not be able to recover if he or she is the one who gets injured.
Due to the no-fault liability, the states generally limit the amount that can be recovered pursuant to such an action. The time limit in which one has to bring such an action is limited as well. In Illinois the injured person or his / her family must bring the action within one year from the date of the injury or death. At present, any action brought for the person injured or killed by an intoxicated person in Illinois on or after January 20, 2009, is limited to $58,652.33. The injured person's family may recover up to $71,686.18 for loss of means of support or loss of society. The limits of the amounts recoverable are subject to change.
If you would like more information about this topic, or to schedule an interview with Jesse Harris, please contact Jesse Harris at (312) 782-4119 or 877-JVH-4LAW. Also, you can email Mr. Harris at harris@harrislawfirm.biz.
