Every state varies in their laws regarding liquor liability as it applies to establishments selling and serving alcohol. Illinois law states that only a third party may sue the establishment who served a customer alcohol (second party). The third party is the person who suffers damages and injuries caused by the intoxicated customer. For example, if Declan’s Pub serves their customer several beers, then that customer gets behind the wheel of their car and hits someone, only the person who was hit by the drunk driver may sue Declan’s Pub, the drunken customer may not sue Declan’s Pub too.
Illinois law also caps the limit as to how much the injured party may sue for. The laws has three limits under which the person may collect; injury to a person, injury to property and injury to means of support or loss of society. The limits below illustrate the amount that a person can currently sue for in Illinois in 2013. The limits increase slightly each year. The injured party can only collect up to the limits shown below per accident. So if the drunken driver was served by five different pubs that night, the injured party can still sue all five pubs, but they can collect anymore than the limits below from all five pubs combined. In this case the pubs would share the cost of the suit.
“2013 Dram Shop Liability Limits
According to the Bureau of Labor Statistics of the United States Department of Labor, the CPI-U
increased 1.74% during the preceding calendar year. Based upon the previous determinations, the
liability limits are adjusted as follows:
• For causes of action involving persons injured, killed, or incurring property damage on or after
January 20, 2013, the judgment or recovery under the Liquor Control Act of 1934 for injury to
the person or property of any person shall not exceed $64,057.00 for each person incurring
damages; and
• 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 on or after January 20, 2013, the
judgment or recovery shall not exceed $78,291.89.”