Liquor Seller Liability for Injuries Caused by Intoxicated Person
Recovery Limits. The Act provides that “in no event shall the judgment or recovery under this Act for injury to the person or to the property of any person as set hereinabove set out exceed” the liability limits amount, a current statutory cap of 85,578.54.
Minor’s Right to Recovery under Dram Shop Act. A minor born as a result of a mother's injury caused by an intoxicated person is a “person” eligible to recover damages.
A Restaurant is liable under the Dram Shop Act for the injuries caused by a drunk driver if the drunk driver was intoxicated by the liquor served and consumed at the Restaurant. The law-defined a de minimis contribution of two 12oz beers is sufficient to trigger Dram Shop liability.
The Property Owner is liable under the Dram Shop Act when they knowingly lease, permit, and required the Restaurant to sell alcohol on the leased premises.
One Year “Condition Precedent.” Filing a suit within one year of the plaintiff’s injury is a condition precedent to the right to recover. The one year “restriction” is an integral part of the statute and thus a condition precedent to recovering the statutory damages.
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