Illinois Compiled Statutes
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235 ILCS 5/6-21
(235 ILCS 5/6-21)
(from Ch. 43, par. 135)
(a) Every person who is injured within this State, in
person or property, by any intoxicated person has a right of
action in his or her own name, severally or jointly, against any person,
licensed under the laws of this State or of any other state to sell
alcoholic liquor, who, by selling or giving alcoholic liquor,
within or without the territorial limits of this State, causes the
intoxication of such person.
Any person at least
21 years of age who pays for a hotel or motel room or facility knowing that
the room or facility is to be used by any person under 21 years of age for
the unlawful consumption of alcoholic liquors and such consumption causes
the intoxication of the person under 21 years of age, shall be liable to
any person who is injured in person or property by the intoxicated person
under 21 years of age.
Any person owning, renting, leasing or permitting the
occupation of any building or premises with knowledge that alcoholic
liquors are to be sold therein, or who having leased the same for other
purposes, shall knowingly permit therein the sale of any alcoholic liquors
that have caused the intoxication of any person, shall be liable, severally
or jointly, with the person selling
or giving the liquors. However, if such building or premises belong to a
minor or other person under guardianship the guardian of such person shall
be held liable instead of the ward. A married woman has the same right to
bring the action and to control it and the amount recovered as an unmarried
woman. All damages recovered by a minor under this Act shall be paid either
to the minor, or to his or her parent, guardian or next friend as the court
shall direct. The unlawful sale or gift of alcoholic liquor works a
forfeiture of all rights of the lessee or tenant under any lease or
contract of rent upon the premises where the unlawful sale or gift takes
place. All actions for damages under this Act may be by any appropriate
action in the circuit court. An action shall lie for injuries to either
support or loss of society, but not both, caused by an intoxicated person
consequence of the
intoxication of any person resulting as hereinabove set out.
"Loss of society" means the mutual benefits that each family member receives
from the other's continued existence, including love, affection, care,
attention, companionship, comfort, guidance, and protection. "Family" includes
spouse, children, parents, brothers, and sisters.
The action, if
the person from whom support or society was furnished is living, shall be
any person injured in means of support or society in his or her name for
his or her
benefit and the benefit of all other persons
injured in means of support or society. However, any person claiming to be
means of support or society and not included in any action brought
hereunder may join by
motion made within the times herein provided for bringing such action or
the personal representative of the deceased person from whom such
support or society was furnished may so join. In every such action the jury
determine the amount of damages to be recovered without regard to and
with no special instructions as to the dollar limits on recovery imposed
by this Section. The amount recovered in every such action is for the
exclusive benefit of the person injured in loss of support or society and
distributed to such persons in the proportions determined by the
verdict rendered or judgment entered in the action. If the right of action is
settled by agreement with the personal representative of a deceased
person from whom support or society was furnished, the court having
the estate of the deceased person shall distribute the amount of the
settlement to the person injured in loss of support or society in the
as determined by the court, that the percentage of dependency of each
such person upon the deceased person bears to the sum of the percentages
of dependency of all such persons upon the deceased person. For all
causes of action involving persons injured, killed, or incurring property
damage before September 12, 1985, in no event
shall the judgment or recovery under this Act for injury to the person
or to the property of any person as hereinabove set out exceed $15,000, and
recovery under this Act for loss of means of support resulting from the
death or injury of any person, as hereinabove set out,
shall not exceed $20,000.
For all causes of action
involving persons injured, killed, or incurring property damage after
September 12, 1985 but before July 1, 1998, in
no event shall the
judgment or recovery for injury to the person or property of any person
exceed $30,000 for each person incurring damages, and recovery
Act for loss of means of support resulting from the death or
injury of any
person shall not exceed $40,000.
For all causes of action
involving persons injured, killed, or incurring property damage on or after
July 1, 1998, in no event shall the
judgment or recovery for injury to the person or property of any person
exceed $45,000 for each person incurring damages, and recovery under this
Act for either loss of means of support or loss of society resulting from the
death or injury
person shall not exceed $55,000.
Beginning in 1999, every January 20, these liability limits
shall automatically be increased or decreased, as applicable,
by a percentage equal to the percentage change in the consumer price index-u
during the preceding 12-month calendar year. "Consumer price index-u" means
the index published by the Bureau of Labor Statistics of the United States
Department of Labor that measures the average change in prices of goods and
services purchased by all urban consumers, United States city average, all
items, 1982-84 = 100. The new amount resulting from each annual adjustment
shall be determined by the Comptroller and made available via the Comptroller's official website by January 31 of every year and
to the chief judge of
each judicial circuit.
The liability limits at the time at which damages
subject to such limits are awarded by final judgment or settlement shall be
utilized by the courts.
Nothing in this Section bars
from making separate claims which, in the aggregate, exceed any one limit
where such person incurs more than one type of compensable damage,
including personal injury, property damage, and loss to means of support or
However, all persons claiming loss to means of support or society shall be
an aggregate recovery not to exceed the single limitation set forth herein
for the death or injury of each person from whom support or society is
Nothing in this Act shall be construed to confer a cause of action for
injuries to the person or property of the intoxicated person himself, nor
shall anything in this Act be construed to confer a cause of action for
loss of means of support or society on the intoxicated person himself or on
claiming to be supported by such intoxicated person or claiming the society
of such person.
In conformance with the rule of statutory construction enunciated in
the general Illinois saving provision in Section 4 of "An Act to revise
the law in relation to the construction of the statutes", approved March
5, 1874, as amended, no amendment of this Section purporting to abolish
or having the effect of abolishing a cause of action shall be applied to
invalidate a cause of action accruing before its effective date, irrespective
of whether the amendment was passed before or after the effective date of
this amendatory Act of 1986.
Each action hereunder shall be barred unless commenced within one year
next after the cause of action accrued.
However, a licensed distributor or brewer whose only connection with the
furnishing of alcoholic liquor which is alleged to have caused intoxication
was the furnishing or maintaining of any apparatus for the dispensing or
cooling of beer is not liable under this Section, and if such licensee is
named as a defendant, a proper motion to dismiss shall be granted.
(b) Any person licensed under any state or local law to
sell alcoholic liquor, whether
or not a citizen or resident of this State,
who in person or through an agent
causes the intoxication, by the sale or gift of
alcoholic liquor, of any person who, while
intoxicated, causes injury to
any person or property in the State of Illinois
thereby submits such licensed person, and, if an individual, his or her
personal representative, to the jurisdiction of the courts of this State
for a cause of action arising under subsection (a) above.
Service of process upon any person who is subject to the
jurisdiction of the courts of this State, as provided in this subsection,
may be made by personally serving the summons upon the defendant outside
this State, as provided in the Code of Civil Procedure, as now or hereafter
amended, with the same force and effect as
though summons had been personally served within this State.
Only causes of action arising under subsection (a) above may be
asserted against a defendant in an action in which jurisdiction over him
or her is based upon this subsection.
Nothing herein contained limits or affects the right to serve
any process in any other manner now or hereafter provided by law.
(Source: P.A. 94-982, eff. 6-30-06.)