Illinois Dram Shop Act

Last reviewed September 2026

Illinois imposes liability on any licensee whose sale or gift of alcohol causes a person’s intoxication, without requiring proof that the patron appeared intoxicated when served. The decisive evidence is what was served and whether it materially contributed to the intoxication.

235 ILCS 5/6-21 (Liquor Control Act of 1934)

Section 6-21(a) provides that every person who is injured within Illinois, in person or property, by any intoxicated person has a right of action against any person licensed under the laws of Illinois or any other state to sell alcoholic liquor who, by selling or giving alcoholic liquor, causes the intoxication of such person. Persons injured in means of support or loss of society by an intoxicated person also have a right of action. The owner or lessor of premises who knowingly permits the sale of alcohol there is jointly liable with the licensee.

Standard for liability

The Illinois Act is often described as strict liability: the plaintiff need not prove that the licensee served a visibly intoxicated patron or acted negligently, only that the licensee’s sale or gift caused the intoxication. Illinois courts have read “causes” to require that the licensee’s alcohol was a material and substantial factor in producing the intoxication, so evidence of how much a venue served, and of alcohol consumed elsewhere, is central. The Act is the exclusive remedy against a licensee for injuries caused by an intoxicated person; damages are capped at amounts the Illinois Comptroller adjusts annually, and actions must be brought within one year.

Social hosts

Illinois does not recognize social-host liability. The Illinois Supreme Court held in Charles v. Seigfried, 165 Ill. 2d 482 (1995), that the Dram Shop Act is the only basis for alcohol-provider liability in Illinois and that social hosts are not liable, including for furnishing alcohol to minors, absent legislative action.

Minors

Service to a minor by a licensee is analyzed under § 6-21 like any other service: the question is whether the licensee’s alcohol caused the intoxication. Sale to persons under 21 is separately prohibited by 235 ILCS 5/6-16, and violations bear on licensing. Identification procedures and staff training on age verification are the operational evidence.

Training, responsible-vendor, and safe-harbor provisions

Illinois requires alcohol servers, and those who check identification for alcohol service, at on-premises licensees to complete BASSET (Beverage Alcohol Sellers and Servers Education and Training) certification under 235 ILCS 5/6-27.1, with training providers licensed by the Illinois Liquor Control Commission. BASSET certification is not a civil defense under the Act, but whether staff were certified, what the training covered, and whether the venue’s practices reflected it are relevant to how the venue was run and to administrative proceedings. Preston holds Illinois BASSET and TAM certifications.

Operational evidence commonly examined in Illinois cases

• POS, tab, and receipt records showing what the venue served to the patron and when
• Video establishing consumption at the venue and the patron’s arrival condition
• Evidence of alcohol consumed before arrival or at other venues, for the causation analysis
• BASSET certificates for staff on duty and the venue’s training records
• Staffing schedules, drink specials, and promotions bearing on volume of service
• Incident reports and Illinois Liquor Control Commission history
• Deposition testimony of staff and witnesses

The expert’s role

Because Illinois does not require proof of visible intoxication, the operations expert’s work centers on reconstructing service: what the venue served, over what period, and whether it was enough to be a material factor in the intoxication. POS and tab records, video, and staffing and promotion evidence carry the analysis. For defendants, the same reconstruction can show that service was limited or that the intoxication came from elsewhere. Preston has been deposed in an Illinois matter involving a casino defendant.

Primary sources

• 235 ILCS 5/6-21, ilga.gov
• 235 ILCS 5/6-27.1 (BASSET training requirement), ilga.gov
• Illinois Liquor Control Commission, BASSET program, ilcc.illinois.gov
• Charles v. Seigfried, 165 Ill. 2d 482 (1995)

Questions counsel ask