Alton Dram Shop Liability Lawyers
Legal help when you’re injured by a drunk driver in Illinois
Dram shop liability is a legal concept that holds establishments like bars and restaurants responsible for over-serving alcohol to customers who later cause harm to themselves or others while under the influence. Here in Illinois, an establishment can be held liable if it serves alcohol to a visibly intoxicated person or to a minor, and that person later causes harm as a result of their intoxication.
The Alton attorneys at Glisson Law have been fighting for folks injured by drunk drivers for more than 25 years and counting. We know how to hold the right people accountable, including the establishment who chose to over-serve an intoxicated person, and the person who got behind the wheel drunk. Our lawyers work to secure the maximum compensation to which you’re entitled for your harm, injuries, and pain and suffering. Get in touch with us today to find out how we can help with your case.
How can we help?
- What is the Illinois Dram Shop Act?
- What does it mean to be “over-served”?
- What types of dram shop cases has your Alton firm handled?
- How do you prove a dram shop claim?
- What are the current Illinois dram shop liability limits?
- How long do I have to file a dram shop liability claim?
- Do you have a dram shop liability lawyer near me?
What is the Illinois Dram Shop Act?
The Illinois Dram Shop Act is legislation that holds commercial establishments liable for serving alcohol to customers who later cause injury to others while under the influence. The law applies to businesses that sell or serve alcohol, such as bars, restaurants, and liquor stores.
Under the Act, a commercial establishment can be held liable if it serves alcohol to a minor or person who is visibly intoxicated, and that person later causes harm as a result of their intoxication. This includes incidents like car accidents, assaults, or other incidents that result in injury or death.
The Act also states that a commercial establishment can be held liable for the actions of a patron who becomes visibly intoxicated on its premises and subsequently causes harm to another person, even if the patron was not served by the establishment. Additionally, if a commercial establishment continues to serve alcohol to a patron knowing that they are visibly intoxicated, they may be held liable for any harm caused by that patron.
What does it mean to be “over-served”?
When someone is "over-served," it means they’ve been provided with an excessive amount of alcohol by a commercial establishment. This usually refers to a situation where the person is obviously intoxicated, but continues to be served more alcohol.
In the context of dram shop liability, "over-serving" is often used to describe situations in which a bar or restaurant continues to serve a customer who is already visibly intoxicated. This can happen when the establishment's staff isn’t properly trained to recognize the signs of intoxication, or if they don’t follow company policy and Illinois laws related to the service of alcohol. In cases like this, the establishment can be held liable for any harm caused by the over-served customer as a result of excessive alcohol consumption.
Good To Know: The term "dram shop" comes from an old measurement of alcohol, and refers to a shop where spirits were sold by the dram, or small unit.
What types of dram shop cases has your Alton firm handled?
The team at Glisson Law has successfully handled a wide variety of dram shop claims, including:
- Man driving to work in the morning killed by a drunk driver in a head-on collision.
- Pedestrian on roadway killed by drunk driver who fled scene; later caught.
- Woman had her hair pulled out at a bar by a drunk woman.
- Sober man trying to break up a bar fight is kicked, severing his spleen.
- Drunk driver hits a telephone pole, knocks it to the ground. Neighbor comes out to help, drunk pushes him down and fractures neighbor’s ankle, and driver flees scene.
- Man attacked by a drunk man with a baseball bat, resulting in fractured skull.
- Drunk driver kills a pedestrian standing next to a vehicle. Drunk driver consumed alcohol purchased from Walmart.
- Numerous other favorable verdicts and settlements.
We’re happy to talk about your accident or incident in a free consultation.
How do you prove a dram shop claim?
For a successful dram shop claim, our attorneys will demonstrate the following:
- The defendant provided the patron the alcohol, or that the patron became intoxicated on their premises
- The alcohol caused the patron’s intoxication (and should have been foreseen by the defendant)
- You or your loved one suffered injuries and losses
- Those damages were caused by the patron’s intoxication
We will put our network of resources and experts to work to build the strongest case possible on your behalf.
What are the current Illinois dram shop liability limits?
Per the Illinois Liquor Control Commission, 2023 dram shop liability limits are as follows:
- “For final judgments or settlements awarded on or after January 20, 2023 for causes of action involving persons injured, killed, or incurring property damage, the judgment or recovery under the Liquor Control Act of 1934 for injury to the person or property of any person shall not exceed $82,804.58 for each person incurring damages; and
- For final judgments or settlements awarded on or after January 20, 2023 for causes of action under the Liquor Control Act of 1934 for either loss of means of support or loss of society resulting from the death or injury of any person, the recovery shall not exceed $101,205.60.”
How long do I have to file a dram shop liability claim?
Unlike other personal injury claims in Illinois, dram shop liability claims have a very short statute of limitations. The statute of limitations for dram shop cases is only one year from the date of the incident. This statute even applies to minors, unlike other areas of law where the statute is tolled.
Don’t let your claim lapse – one year is incredibly short! It can be difficult to find out where an intoxicated person consumed alcohol. An attorney must act fast to file suit, and take proper depositions. Glisson Law can help.
Do you have a dram shop liability lawyer near me?
Glisson Law is located at 111 East Fourth Street, Suite 400, in Alton, IL. We’re a block away from City Hall, and you can find plenty of parking across the street. There’s also a bus stop right outside our office. Glisson Law conducts phone and video conferences when applicable, and makes home and hospital visits if you cannot travel to us.
Alton dram shop liability lawyers fighting for you
When you or a loved one suffer harm because someone drank too much, you need to hold the right people accountable. The injury attorneys at Glisson Law can help. We understand dram shop liability and how these laws work. More importantly, we know you need to file your claim now. Get in touch with us today by calling our offices or filling out our contact form to schedule a free consultation. We proudly serve the people of Belleville, Edwardsville, St. Clair and Madison County, and all of Southwestern Illinois.