If alcohol is sold to an intoxicated person and they are involved in an accident, who may be held liable for the damages?

Liability for selling alcohol to an intoxicated person in Illinois generally extends beyond just the intoxicated individual. When an establishment or server sells alcohol to someone who is visibly intoxicated and that person subsequently causes an accident, the server or provider can be held liable for contributing to the harm caused.

This responsibility stems from Illinois' Dram Shop Law, which holds liquor licensees accountable when they serve alcohol to individuals who are obviously intoxicated and as a result, cause injury or damage to another person or property. The rationale is that by serving alcohol to someone who is already impaired, the server is contributing to the potential for dangerous behavior.

The establishment's role is significant because it operates under regulations that require staff to monitor patrons’ alcohol consumption and to stop serving alcohol when someone is intoxicated. This duty of care is vital in preventing harm not just to the intoxicated person, but also to the public at large.

While the intoxicated person can also be held responsible for their actions, and the manufacturer is generally not liable for the misuse of their product, the primary focus of liability in such incidents typically falls on the server or provider of the alcohol and the establishment that sold it.