Illinois Comptroller Changes Important Language For Dram Shop Limits

The Illinois Dram Shop Act is the sole remedy for injuries arising out of the sale of alcohol and the subsequent intoxication of a patron. The Illinois Dram Shop Act is unique in that it sets a cap or limit on the amount of damages a person can recover for injuries arising under this Act. The Illinois Comptroller’s Office is responsible for setting these limits every year. Recently, the Illinois Comptroller’s Office published the 2020 Dram Shop Liability Limits. The 2020 limits are as follows: 

“For final judgments or settlements awarded on or after January 20, 2020 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 $71,696.18 for each person incurring damages; and

 “For final judgments or settlements awarded on or after January 20, 2020 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 $87,628.66.”

            This is the first year that the Comptroller chose to use the following language “for final judgments and settlements awarded on or after January 20, 2020”. This language replaced the prior published language which was as follows: 

“For causes of action involving persons injured, killed, or incurring property damage on or after January 20, 2016, the judgment or recovery under the Liquor Control Act of 1934 for injuries to the person or property of any person shall not exceed $65,990.23 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, 2016, the judgment or recovery shall not exceed $80,654.73.”

            This language is important and significant because it changes the potential dram shop limit that may apply. For example, under the prior language an argument could be made that the dram shop limits at the time of the accident applied. Thus, if a person was injured in 2017 but the case was not resolved until 2019; the 2017 limits could still be applied.  This is significant because the dram shop limits for prior years are lower than the current limits thereby reducing the total amount a defendant may have to pay to resolve the matter.

             The current language almost unambiguously states that the dram shop limits at the time of judgment or settlement will be applied. Thus, if a person is injured in 2017 and the case is settled  in 2019; the 2019 limits apply. This allows an individual to recover additional damages for each year that the matter stays in litigation.  

            This new language is an evolving issue with respect to litigating and defending claims under the Illinois Dram Shop Act. The Miller Law Group is here to advise potential parties regarding this change in the language and how it ultimately will affect damages and the potential for recovery. Please feel free to contact us with any questions regarding this new language. 

Authored by: 

Elizabeth Boratto