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Illinois · Dramshop Act and statutory caps

Illinois Dram Shop Expert Witness

Deposition testimony given in the Circuit Court of Cook County on a bar security and dram shop matter. Illinois imposes liability without a visible-intoxication element — and caps what can be recovered.

Applicable Law

The Illinois Dramshop Act, 235 ILCS 5/6-21

Illinois liability arises under 235 ILCS 5/6-21, the Dramshop Act. A person injured in person or property by an intoxicated person has a right of action against any licensee who caused the intoxication of that person.

Illinois is structurally different from most dram shop states: the statute does not require proof that the patron appeared visibly intoxicated at the time of service. Causing the intoxication is the operative question, which shifts the evidentiary weight onto service volume, pace and records rather than onto observed behaviour.

Recovery is capped. The Dramshop Act's limits are adjusted annually for inflation and published by the Illinois Comptroller — for judgments or settlements on or after 20 January 2026, the cap for injury to person or property is $90,411.55 per person injured, with a separate limit for loss of support or society. Where more than one dramshop is liable the limits apply to their collective liability. Counsel should confirm the figure current to the date of judgment.

Server training
BASSET — Beverage Alcohol Sellers and Servers Education and Training — is the Illinois server training programme, administered through the ILCC.
How counsel plead it
Illinois counsel plead the Dramshop Act or 6-21, and the operative phrase is caused the intoxication rather than visible or obvious intoxication.

Statutes and regulatory schemes change. The citations above are starting points for counsel, verified at the time of writing against the state code and the regulator named — they are not legal advice, and Ryan does not offer opinions on the law itself.

Evidence

What Ryan Reviews in a Illinois Matter

The evidence set follows the legal standard. Where the statute turns on what was observable, the analysis runs on video, service records and staffing; where it turns on security or premises conditions, it runs on deployment, supervision and incident history.

  • POS, tab and sales records establishing volume and pace of service
  • BASSET certification records for staff on shift
  • Surveillance video across the service period
  • Staffing and supervision at the relevant time
  • House policy on service limits and cut-offs
  • Security staffing and incident response where violence is also pleaded

Disclosed Illinois Experience

1 Disclosed Matter

Draskovich v. Richards Bar — Circuit Court of Cook County (2022 L 063072), retained by Pullano & Siporin for the plaintiff on bar security and dram shop issues. Case review, expert report and deposition testimony in March 2026; the matter settled.

Draskovich v. Richards Bar

Retained by Pullano & Siporin (Plaintiff)Court Circuit Court of Cook County, IllinoisCase No. 2022 L 063072Date March 18, 2026

Bar SecurityDram Shop

Case Review · Expert Report · Deposition · Settled

Case experience: Bar Security · Dram Shop · Security Operations · Bar Operations

See the full filterable case record →

Questions

Illinois — Common Questions from Counsel

Does Illinois require proof the patron looked drunk when served?
No. The Dramshop Act asks whether the licensee caused the intoxication. That makes service volume, pace and records central, and makes POS and video evidence particularly important.
Are Illinois dram shop damages capped?
Yes. The statutory limits are adjusted annually for inflation and published by the Illinois Comptroller. Where more than one dramshop is liable, the caps apply to their collective liability.
Can a dram shop claim be paired with a security claim in Illinois?
Frequently. Where an intoxicated patron assaults another, counsel commonly plead both the Dramshop Act and negligent security — service practice and security practice are separate operational failures with separate evidence.

Illinois Matter Under Review?

Submit a case inquiry for a confidential conflicts check and evaluation. Ryan responds to all inquiries within one business day.