The basic provisions of the law are:
Damages include economic damages, including, but not limited to:
And non-economic damages, including, but not limited to:
Reasonable attorneys’ fees are recoverable, as are costs of suit, including, but not limited to, reasonable expenses for expert testimony and punitive damages.
Neither contributory negligence nor contributory willful and wanton conduct shall apply to any injured party claiming damages under the new law.
Under Illinois’ Liquor Control Act of 1934, actions may not be brought against a licensee or employee of a licensee who supplies alcohol beverages to a person under 21 years of age if the licensee or employee of the licensee complied with all applicable provisions of the Act.
The 10-month postponement of the accrual of causes of action under the new law was to allow insurance carriers to examine the impact of the legislation and write, or re-write, policy language.
While the new law addresses an area which was wanting for relief, many questions remain unanswered. For example, is existing insurance coverage applicable, and what is the effect of allowing for the recovery of non-economic damages, including punitive damages?
Despite these uncertainties, it still appears that the non-commercial provider of alcohol to an adult who over-consumes and causes injuries and damages to third parties may rely on the common law doctrine that adults are responsible for their own actions. However, everyone who sells or serves alcohol beverages would be wise to obtain professional advice regarding the contents and applicability of Illinois’ new Drug and Alcohol Impaired Minor Responsibility Act.
Copyright © 2008 The Board of Trustees of the University of Illinois