Were you hurt in a crash with a drunk driver? If so, you have the right to hold them (and their insurer) legally liable through a civil claim. In some cases, you may also have an additional claim against a bar, restaurant, or other establishment where he or she was served alcohol. This area of law is known as dram shop law. Here, our Chicago auto accident lawyer provides a comprehensive guide to dram shop liability in Illinois.
A Comprehensive Overview of Dram Shop Liability in Illinois
Dram shop laws vary considerably from state-to-state. If you are hurt in a DUI crash in Chicago and you believe that an establishment that serves alcohol may bear liability, it is crucial that you understand Illinois law. The law in our state holds certain establishments accountable when they sell or serve alcohol to people who later cause injuries. These provisions are designed to balance public safety with the rights of businesses that sell alcohol. The Illinois Dram Shop Act (235 ILCS 5/6-21) governs liability in these cases. Here are key points injured victims should know:
The Dram Shop Act is Key (No Common Law Liability)
First and foremost, it is important for DUI accident victims to know that dram shop law is foundational to their claim. Illinois does not recognize common law liability against alcohol vendors. Instead, all claims must arise under the Dram Shop Act. For that reason, full compliance with statutory requirements is absolutely critical. A court in Illinois will dismiss claims that attempt to expand liability beyond what the statute allows. Unlike negligence cases, there is no requirement to prove duty or breach. You only need to prove that all of the statutory elements are satisfied.
Essential Elements of a Dram Shop Claim in Illinois
- Sale or Furnishing of Alcohol: To start, the victim must prove that the defendant sold or otherwise furnished alcoholic beverages to the person who later caused harm. Drunk drivers are the most common (but not the only) example. The Illinois Dram Shop Act applies primarily to licensed sellers such as bars, taverns, restaurants, and liquor stores. Social hosts are generally exempt unless they act outside the law, such as by selling without a license or providing alcohol to minors. Establishing this element often involves receipts, witness testimony, or surveillance evidence showing that the intoxicated person purchased or was served alcohol at the establishment shortly before the incident occurred.
- Intoxication: The next requirement is demonstrating that the alcohol sold or provided by the defendant contributed to the intoxication of the individual who caused harm. Illinois law does not require proof that the alcohol was the exclusive source of intoxication. Contribution is sufficient. Victims frequently rely on toxicology reports, eyewitness observations, and expert testimony to show that the person’s impairment was heightened by the drinks served at the defendant’s business.
- Causation: Causation is also key in a dram shop claim. A DUI accident victim must establish a direct causal link between the intoxicated person’s actions and the injury, death, or property damage suffered. This element does not require that the vendor foresee the specific harm, but rather that the intoxicated person’s conduct created the actionable injury. For example, if a drunk driver strikes another vehicle after leaving a bar, the causal chain is satisfied once intoxication is proven to be a contributing factor. Some of the most common examples of relevant evidence include police reports, accident reconstruction, or eyewitness testimony.
- Damages: Finally, the plaintiff must prove legally compensable damages. Under the Illinois Dram Shop Act, damages may include medical expenses, lost income, property damage, or loss of means of support in wrongful death cases. Emotional losses, such as loss of society, are also recognized under the statute. However, recovery is subject to strict statutory caps that are updated annually. If you were hurt in a DUI crash in Chicago, an experienced drunk driving accident lawyer can help you seek the maximum available compensation under the law.
Illinois Dram Shop Law Caps Damages
In Illinois, there are generally no damage caps on personal injury claims. However, dram shop cases are an exception. The Dram Shop Act imposes statutory maximums on recovery. These amounts are adjusted yearly by the Illinois Comptroller. For 2025, the limits are:
- Personal injury or property damage: $95,073.27 per person, per occurrence.
- Loss of means of support or loss of society: $116,034.13 per person, per occurrence.
To be clear, these caps apply regardless of actual economic loss. Even catastrophic injuries are subject to these ceilings. For that reason, a dram shop claim is generally viewed as a supplemental claim in Illinois. You still need to hold the drunk driver legally responsible for the crash.
How Our Chicago DUI Accident Lawyer Can Help With a Dram Shop Claim
Dram shop liability claims are complicated. If you have a lot of questions about your rights, your options, and what you need to do to get justice, you are not alone. At Kennedy Watkins LLC, our Chicago attorneys have a proven record of verdicts and settlements in car accident claims, including DUI accident cases. Our Chicago dram shop liability lawyers are standing by, ready to review your case during a free, completely confidential initial consultation. We handle both dram shop claims and DUI accident cases more broadly. Our firm will explore every available option to help you and your family get justice and the most possible financial compensation.
Contact Our Chicago Dram Shop Liability Attorney Today
At Kennedy Watkins LLC, our Chicago DUI accident lawyers handle all types of dram shop cases. If you have any questions or concerns about dram shop liability, we are here to help. Get in touch with us today for a no cost, no obligation initial consultation. From our Chicago office, we handle dram shop cases in Cook County and throughout all of Northern Illinois.