Dram Shop Liability in Illinois: Holding Bars Accountable for Drunk Driving Crashes

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When a drunk driver causes an accident in Illinois, the driver isn’t always the only party responsible. Under Illinois’s dram shop law, the bar, restaurant, tavern, or liquor store that served the intoxicated driver can also be held financially liable for your injuries.

What Is the Illinois Dram Shop Act?

The Illinois Liquor Control Act, specifically 235 ILCS 5/6-21, creates a statutory cause of action against any person or establishment that sells or gives alcoholic liquor to a person who is already intoxicated, if that intoxicated person then injures someone else. This is commonly called a “dram shop” claim — the term dates back to 18th-century establishments that sold gin by the dram.

Illinois was one of the first states to enact dram shop legislation, and its version remains one of the most plaintiff-friendly in the country. Unlike some states that require proof the establishment knew the patron was intoxicated, Illinois focuses on whether the patron was in fact intoxicated at the time of service.

What You Must Prove in a Dram Shop Case

To succeed on a dram shop claim in Illinois, you need to establish three elements. First, the defendant sold or gave alcoholic liquor to a person. Second, that person was intoxicated at the time of the sale or gift. Third, the intoxication caused the person to injure you or damage your property.

The key evidentiary challenge is proving the patron was already visibly intoxicated when served. Useful evidence includes bar tabs and receipts showing the volume of drinks purchased, surveillance camera footage showing the patron’s condition, testimony from bartenders or other staff, testimony from other patrons, and the patron’s BAC at the time of the accident (with expert extrapolation back to the time of service).

Why Dram Shop Claims Matter for Your Recovery

Most individual drivers carry minimum or modest auto insurance coverage. Illinois’s minimum liability limits are just $25,000 per person — nowhere near enough to cover serious injuries. Bars and restaurants, however, typically carry commercial liability policies with much higher limits, and Illinois requires establishments with liquor licenses to carry dram shop insurance. This means a dram shop claim can dramatically increase your total available recovery.

Notice Requirements and Deadlines

Dram shop claims in Illinois have a strict one-year statute of limitations under 235 ILCS 5/6-21 — significantly shorter than the two-year deadline for a standard personal injury claim. Additionally, you must provide written notice to the liquor licensee within the statutory period. Missing this deadline can permanently bar your claim, even if your case against the drunk driver is still viable.

Social Host Liability vs. Dram Shop Liability

Illinois dram shop law applies to licensed establishments — bars, restaurants, liquor stores, and event venues that sell alcohol. It does not apply to private social hosts in the same way. If someone gets drunk at a friend’s house party and then causes an accident, the homeowner is generally not liable under the dram shop statute. However, there may be common law negligence theories available in limited circumstances, particularly if the host served alcohol to a minor.

How a Dram Shop Claim Works Alongside Your Car Accident Case

You can pursue both a claim against the drunk driver and a dram shop claim against the establishment simultaneously. These are not mutually exclusive. In practice, this means your attorney can negotiate with two separate insurance carriers, which creates leverage and increases the total compensation pool. The car accident claim covers the driver’s negligence, while the dram shop claim holds the establishment accountable for its role in enabling the intoxication.

Injured? Get a Free Case Review.

The personal injury attorneys at Parker & Parker have been fighting for accident victims in Peoria and across Central Illinois for over 25 years. Call (309) 674-0044 or contact us online for a free, no-obligation consultation.

Frequently Asked Questions

What is the statute of limitations for a dram shop claim in Illinois?

Illinois dram shop claims have a one-year statute of limitations under 235 ILCS 5/6-21 — much shorter than the standard two-year deadline for personal injury claims. You must also provide written notice to the liquor licensee within this period.

Can I sue a bar if the drunk driver wasn’t convicted of DUI?

Yes. A dram shop claim is a civil lawsuit, not a criminal proceeding. You need to prove the patron was intoxicated when served and that the intoxication caused the accident — a DUI conviction helps but isn’t required.

Does Illinois dram shop law apply to private house parties?

Generally no. The Illinois Liquor Control Act applies to licensed establishments that sell or give alcohol. Private social hosts are usually not liable under the dram shop statute, though limited common law theories may apply if alcohol was served to a minor.

How much insurance do Illinois bars carry for dram shop claims?

Illinois requires liquor license holders to carry dram shop insurance. Commercial liability policies for bars and restaurants typically have much higher limits than personal auto policies, often $500,000 to $1 million or more, making them a significant source of recovery.