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Can I Seek Compensation After an Injury from a Bar Fight in Illinois?

Posted on in Assault and Battery

IL injury lawyerThere is no denying that an argument between two people may escalate to violence when alcohol is involved. These types of physical altercations can take place between spouses or family members in private, such as someone’s home. In other scenarios, they can occur in public places between strangers, such as at a bar or a restaurant. A simple misunderstanding can turn violent if individuals are intoxicated or impaired after drinking too much. Typically, a person is liable for injuries if he or she assaults another person. However, if a dining establishment intentionally over-serves a patron who is already clearly intoxicated, then they too could also be liable for injuries suffered in a bar fight under the Illinois Dram Shop Act.

Physical and Psychological Damage

Any traumatic event that results in harm, such as a car accident or an attack, can lead to both physical and emotional damage to the victim. Suffering injuries after being punched, kicked, or attacked in any way can make someone very anxious or fearful of going out again, especially if the incident occurred at a public place.

A few of the most common types of injuries suffered in a bar fight include:

  • Traumatic brain injury (TBI)
  • Cuts/lacerations that require stitches or staples to repair
  • Internal bleeding
  • Broken ribs
  • Concussion
  • Facial or hand fractures
  • Post-traumatic stress disorder (PTSD)

Illinois Dram Shop Law

According to Illinois law, the Dram Shop Act is also known as the Liquor Control Act. This legislation holds any establishments that serve alcohol accountable for their actions. This can include bars, nightclubs, and restaurants. Under the Act, an establishment is liable for their staff or personnel who are serving, but also for the actions of those guests or patrons they serve. Therefore, if a guest at the bar causes injuries to another guest, the owner or manager of the pub may be responsible for compensating the victim for lost wages, medical bills, as well as pain and suffering. The following stipulations must apply for the establishment to be found liable:

  • The establishment sold alcohol to the person who caused the injury
  • The alcohol sold by the vendor caused or contributed to the defendant’s intoxication
  • The intoxication was likely the cause of the victim’s injuries

Contact a Park Ridge Personal Injury Lawyer

Being involved in a physical altercation with another party may not only lead to a bruised ego but serious injuries as well. If you or someone you know was hurt in a fight at a bar or restaurant, it is important to understand how the Dram Shop Law may impact your personal injury case. A knowledgeable Glenview assault and battery injury attorney who is skilled in determining liability can help you recover damages for your pain and suffering after a brawl at a public place. Attorney Patrick Quinn has extensive experience with representing Illinois victims of all different types of personal injury cases. Call The Quinn Law Group, LLC today at 847-232-7180 to schedule your free consultation.

 

Sources:

https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=023500050K6-21

https://www.ilga.gov/legislation/publicacts/fulltext.asp?Name=094-0463

https://courts.illinois.gov/court/CircuitCourt/CivilJuryInstructions/150.00.pdf

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