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Dram Shop

Plaintiff survives Motion to Dismiss on issue of first impression

By Brady McAninch on December 2, 2016

Motion to Dismiss defeated.  Hipskind & McAninch, LLC, after a lengthy oral argument, defeated a motion to dismiss filed by a local bar who argued a widow’s dram shop claim against the bar unfounded.  After defeating the motion to dismiss, the widow’s claims against the bar will continue.

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A Friend Attends Your Holiday Party; Leaves; and Injures Someone; Are You Liable?

By John Hipskind on December 17, 2015

No.  This is why. Illinois does not impose liability on social hosts.  It’s important to note that Illinois law does provide limited liability for social hosts if the intoxicated person is under the legal drinking age of 21 years. For instance, it is unlawful in Illinois not only to provide alcohol to a minor, but to pay for a hotel room or other venue in which the person who is paying knows that minors will be drinking.  It is important to note, however, if someone is injured on your property you may still face a premise liability. 

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Posted in: Dram Shop

What is a Dram Shop Claim?

By John Hipskind on July 13, 2015

Dram shop laws hold bars, restaurants, and sometimes even party hosts responsible for the sale or gift of alcohol to someone who becomes intoxicated and subsequently causes some type of harm, damage, injury, or even death.  Dram shop claims arise in a variety of situations.  For example, let’s assume that Mr. Smith has to much to drink at a local bar.  He then leaves the bar, gets into his car and causes an accident on his way home.  If you, a loved one, or your property was damaged by Mr. Smith on his way home, you may be entitled to a recovery from both Mr. Smith and the bar who sold him his drinks.

That is the typical type of dram shop claim, but it isn’t the only one.  Let’s look at another scenario, Mr. Smith has too much to drink at a local bar.  He leaves the bar and goes to a friend’s party.  At this party Brad gets into a fight and severely injuries a Mr. Doe.  Mr. Doe would not only have a claim against Brad, but also a potential claim against the bar that served Brad the alcohol.

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Posted in: Dram Shop

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