When can bars be liable for overserving?

Dram Shop - February 24, 2025

The more drinks bars sell their guests, the more money they make. However, when bars overserve patrons, and those patrons go on to hurt others, the establishment may be culpable for paying victims compensation. If you or someone you love has been hurt by a person impaired by alcohol, connect with a Chicago dram shop liability attorney from Horwitz, Horwitz & Associates. We are dedicated to getting injury victims justice. 

What are Illinois dram shop Laws?

Under Illinois’ dram shop law, bar owners, bartenders, waiters, or those renting or leasing the bar property can be held liable if they overserve guests and those guests hurt others due to their intoxication. There are two categories of dram-shop cases: first-party and third-party.

First-party cases 

The person injured is the overserved person in first-party cases. The person drives after being overserved, is involved in an accident, and sustains injury. These cases also apply to minors who are served any alcohol at all. 

Bars or employees who continue to serve intoxicated patrons or provide alcohol to minors without asking for proof of age must be held accountable for their negligence.

Third-party cases

In a third-party case, the party injured is an individual hurt by the intoxicated person. For example, if you are in an accident caused by a drunk driver, and the driver’s intoxication resulted from being overserved at an establishment, you may have grounds to file a claim against that establishment as well as the driver.

How can you hold a bar liable for overserving?

How can bars be held liable for overserving? With proof that your attorney will seek in order to show:

• The bar or restaurant sold alcohol to the individual who ultimately caused your damages.
• The alcohol served caused or contributed to that person’s impairment.
• The intoxication, and not some other factor, was the direct cause of your injuries.

Your attorney will also help determine exactly who is liable. The bar owner may be culpable, as well as bartenders and servers. If the impaired individual buys alcohol from a liquor or convenience store, the person who allows the purchase may be responsible. 

Evidence to support your claim

Your Chicago dram shop liability attorney will work to prove the bar, restaurant, or store knew or should have known the individual who caused harm was drunk but continued to sell them alcohol. This proof may come from eyewitness accounts or footage from security cameras operated by the establishment. 

Is drunk driving a problem in Illinois?

Illinois established dram shop laws to protect consumers and the general public from the dangers of intoxication and to make alcohol-serving businesses act responsibly. Statistics from the Illinois DUI Factbook show that for the most recent year of data collection:

• 294 people died in alcohol-related motor-vehicle crashes, representing 23% of the total 1,268 fatalities.
• The Secretary of State’s office recorded 21,975 DUI arrests.

Alcohol sellers must do their part to avoid contributing to the continuing problem of drunk driving. Bar owners must comply with all regulations and train their employees to notice signs of intoxication. It can be difficult for servers to keep up with each patron’s status, especially in loud, poorly lit settings. Still, dram shop laws make it their responsibility to remain attentive and avoid overserving.

We are committed to the fight for justice

Bars, restaurants, servers, and other alcohol sellers can be held liable for damages caused by patrons they overserve. They can also be liable if they serve a minor any amount of alcohol and that minor causes someone injury. 

If an establishment’s negligence contributed to your injury, Horwitz, Horwitz & Associates will fight to get you justice. You can connect with us to schedule a free case consultation by sending an online message or calling (800) 985-1819. We are here to help.