235 ILCS 5/6-21
2021 Illinois Compiled Statutes|Chapter 235 - LIQUOR|235 ILCS 5/ - Liquor Control Act of 1934.|Article VI - General Provisions

 (from Ch. 43, par. 135)Sec. 6-21. (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  means  of  support or loss of society, but not both, caused by an intoxicated person  or in  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  brought by  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  injured in  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  shall  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  shall be  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  jurisdiction of  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  proportion,  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  under this  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  of any  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  any person  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  society.  However, all persons claiming loss to means of support or society shall be  limited to  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  claimed.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  any person  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.)