Chicago Dram Shop Liability Lawyer

dram shop lawsuit

The Dram Shop Act creates a statutory cause of action against owners of businesses that sell liquor as well as owners of the premises at which liquor is sold for physical injury to a person, damage to tangible property or for injury for means of support or loss of society caused by an intoxicated person. Dram shop laws allow victims of drunk driving accidents, or victims families, to hold bars and alcohol retailers accountable for damage caused by an intoxicated customer.

If you are looking to pursue a claim for compensation due to an intoxicated individual’s reckless behavior, contact a skilled Chicago dram shop liability lawyer as soon as possible. A skilled premises liability lawyer can help you pursue damages to help with your recovery following any suffering you or your family have endured or any property damage you have had to deal with.

Proving Intoxication

To assert a claim for liability under the Dram Shop Act in Chicago, the plaintiff must prove the person was intoxicated at the time of the accident. For example, a drunk driver injured someone, they have to show that the driver was under the influence of alcohol at the time of the accident.

They then need to prove that a defendant provided liquor consumed by the intoxicated person. They then need to prove the consumption of the liquor caused the person’s intoxication and that their intoxication was at least one cause of the occurrence in question if, as a result of the occurrence, the plaintiff suffered an injury or damage to their property.

The individual or their attorney would need to show:

  • Intoxicated driver at the time of the collision.
  • Owner of the tavern, bar, or liquor store sold or gave liquor(s) to the driver.
  • Driver consumed the liquor provided by the defendant.
  • The driver’s intoxication was the cause of the accident.
  • The plaintiff suffered an injury in that accident.

Hotels Where Underage Drinking Occurs

The Dram Shop Act provides that a person at least 21 years old, who pays for a hotel room or other facility, knowing that the room or facility is going to be used by minors for the unlawful consumption of alcohol will be liable to any injured parties.

Types of Cases and Damages

A person can contact a Chicago dram shop liability lawyer for help to potentially recover damages. These damages could be for:

  • Injuries to a person.
  • Injuries to their tangible personal property.
  • Lastly, loss of society.

If an intoxicated person causes a crash and kills; the person killed, or their children, have a claim for loss of support caused by the death.

Another type of claim is direct personal injury, where an intoxicated person injures another person. They may recovery for their personal injuries against the owner of the place who sold the person the liquor.

The last is damage to actual personal property or actual property. Say a drunk driver struck another car, drove off the road and hit a building. The tavern or liquor store who sold that liquor would be responsible for that property damage caused by that person. A skilled Chicago dram shop liability attorney can help their client to best understand their case and how to proceed.

Our office hours range from 8:00 a.m. to 5:00 p.m. Monday through Friday and we answer our phones at 708-222-2222 24/7. If you prefer, we have an online form you can use or you can utilize our LiveChat service as well. We look forward to hearing from you.