In this series, we’ll be discussing what is dramshop and what you need to know about the laws in your state.
A person who sells, furnishes, or serves alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury, death, or damage caused by or resulting from the intoxication of such person including injury or death to other persons; provided.
However, a person who willfully, knowingly, and unlawfully sells, furnishes, or serves alcoholic beverages to a person who is not of lawful drinking age, knowing that such person will soon be driving a motor vehicle, or who knowingly sells, furnishes, or serves alcoholic beverages to a person who is in a state of noticeable intoxication, knowing that such person will soon be driving a motor vehicle, may become liable for injury or damage caused by or resulting from the intoxication of such minor or person when the sale, furnishing, or serving is the proximate cause of such injury or damage.
Nothing contained in this Code section shall authorize the consumer of any alcoholic beverage to recover from the provider of such alcoholic beverage for injuries or damages suffered by the consumer.
Sell, serve, or furnish any liquor to, or allow the consumption of any liquor by:
- Any minor;
- Any person at the time under the influence of liquor;
- Any person known to the licensee to be addicted to the excessive use of intoxicating liquor; or
- Any person for consumption in any vehicle that is licensed to travel on public highways;
Provided that the consumption or sale of liquor to a minor shall not be deemed to be a violation of this subsection if, in making the sale or allowing the consumption of any liquor by a minor, the licensee was misled by the appearance of the minor and the attending circumstances into honestly believing that the minor was of legal age and the licensee acted in good faith; provided further that it shall be incumbent upon the licensee to prove that the licensee so acted in good faith.
“A claim may be brought against a person or business that sells or furnishes alcohol to a person who then causes injury to another, if:
- the person who caused injury was under age 21 and the party who furnished the alcohol knew or should have known the person was under age 21, or
- the person who caused injury was "obviously intoxicated" and the party who furnished the alcohol knew or should have known the person was obviously intoxicated.”
Any person licensed under any state or local law to sell or serve alcoholic liquor, whether or not a citizen or resident of this State, who in person or through an agent causes the intoxication, by the sale or gift of alcoholic liquor, of any person who, while intoxicated, causes injury to any person or property in the State of Illinois thereby submits such licensed person, and, if an individual, his or her personal representative.
Service of process upon any person who is subject to the jurisdiction of the courts of this State, as provided in this subsection, may be made by personally serving the summons upon the defendant outside this State, as provided in the Code of Civil Procedure, as now or hereafter amended, with the same force and effect as though summons had been personally served within this State.
Only causes of action arising may be asserted against a defendant in an action in which jurisdiction over him or her is based upon this subsection.
Nothing herein contained limits or affects the right to serve any process in any other manner now or hereafter provided by law.
As used in this section, "furnish" includes barter, deliver, sell, exchange, provide, or give away.
A person who furnishes an alcoholic beverage to a person is not liable in a civil action for damages caused by the impairment or intoxication of the person who was furnished the alcoholic beverage unless:
- the person furnishing the alcoholic beverage had actual knowledge that the person to whom the alcoholic beverage was furnished was visibly intoxicated at the time the alcoholic beverage was furnished; and
- the intoxication of the person to whom the alcoholic beverage was furnished was a proximate cause of the death, injury, or damage alleged in the complaint.
If a person who is at least twenty-one (21) years of age suffers injury or death proximately caused by the person's voluntary intoxication, the:
- person's dependents;
- person's personal representative; or
- person's heirs;
may not assert a claim for damages for personal injury or death against a person who furnished an alcoholic beverage that contributed to the person's intoxication.
Looking for dramshop laws in:
- Alabama, Alaska, Arizona, Arkansas, and California
- Connecticut, Colorado, Delaware, District of Columbia, and Florida