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| [ Engrossed ] | [ House Amendment 001 ] |
90_HB0046
235 ILCS 5/6-21 from Ch. 43, par. 135
Amends the Liquor Control Act. Eliminates the dollar
limits on recoveries in actions against a person who sells
(or, under specified circumstances, provides) liquor to a
person who becomes intoxicated and causes death, personal
injury, or property damage.
LRB9000739LDdv
LRB9000739LDdv
1 AN ACT to amend the Liquor Control Act of 1934 by
2 changing Section 6-21.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Liquor Control Act of 1934 is amended by
6 changing Section 6-21 as follows:
7 (235 ILCS 5/6-21) (from Ch. 43, par. 135)
8 Sec. 6-21. (a) Every person who is injured within this
9 State, in person or property, by any intoxicated person has a
10 right of action in his or her own name, severally or jointly,
11 against any person, licensed under the laws of this State or
12 of any other state to sell alcoholic liquor, who, by selling
13 or giving alcoholic liquor, within or without the territorial
14 limits of this State, causes the intoxication of such person.
15 Any person at least 21 years of age who pays for a hotel or
16 motel room or facility knowing that the room or facility is
17 to be used by any person under 21 years of age for the
18 unlawful consumption of alcoholic liquors and such
19 consumption causes the intoxication of the person under 21
20 years of age, shall be liable to any person who is injured in
21 person or property by the intoxicated person under 21 years
22 of age. Any person owning, renting, leasing or permitting the
23 occupation of any building or premises with knowledge that
24 alcoholic liquors are to be sold therein, or who having
25 leased the same for other purposes, shall knowingly permit
26 therein the sale of any alcoholic liquors that have caused
27 the intoxication of any person, shall be liable, severally or
28 jointly, with the person selling or giving the liquors.
29 However, if such building or premises belong to a minor or
30 other person under guardianship the guardian of such person
31 shall be held liable instead of the ward. A married woman has
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1 the same right to bring the action and to control it and the
2 amount recovered as an unmarried woman. All damages recovered
3 by a minor under this Act shall be paid either to the minor,
4 or to his or her parent, guardian or next friend as the court
5 shall direct. The unlawful sale or gift of alcoholic liquor
6 works a forfeiture of all rights of the lessee or tenant
7 under any lease or contract of rent upon the premises where
8 the unlawful sale or gift takes place. All actions for
9 damages under this Act may be by any appropriate action in
10 the circuit court. An action shall lie for injuries to means
11 of support caused by an intoxicated person or in consequence
12 of the intoxication of any person resulting as hereinabove
13 set out. The action, if the person from whom support was
14 furnished is living, shall be brought by any person injured
15 in means of support in his or her name for his or her benefit
16 and the benefit of all other persons injured in means of
17 support. However, any person claiming to be injured in means
18 of support and not included in any action brought hereunder
19 may join by motion made within the times herein provided for
20 bringing such action or the personal representative of the
21 deceased person from whom such support was furnished may so
22 join. In every such action the jury shall determine the
23 amount of damages to be recovered without regard to and with
24 no special instructions as to the dollar limits on recovery
25 imposed by this Section. The amount recovered in every such
26 action is for the exclusive benefit of the person injured in
27 loss of support and shall be distributed to such persons in
28 the proportions determined by the verdict rendered or
29 judgment entered in the action. If the right of action is
30 settled by agreement with the personal representative of a
31 deceased person from whom support was furnished, the court
32 having jurisdiction of the estate of the deceased person
33 shall distribute the amount of the settlement to the person
34 injured in loss of support in the proportion, as determined
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1 by the court, that the percentage of dependency of each such
2 person upon the deceased person bears to the sum of the
3 percentages of dependency of all such persons upon the
4 deceased person. For all causes of action involving persons
5 injured, killed, or incurring property damage before
6 September 12, 1985, in no event shall the judgment or
7 recovery under this Act for injury to the person or to the
8 property of any person as hereinabove set out exceed $15,000,
9 and recovery under this Act for loss of means of support
10 resulting from the death or injury of any person, as
11 hereinabove set out, shall not exceed $20,000. For all
12 causes of action involving persons injured, killed, or
13 incurring property damage after September 12, 1985, in no
14 event shall the judgment or recovery for injury to the person
15 or property of any person exceed $30,000 for each person
16 incurring damages, and recovery under this Act for loss of
17 means of support resulting from the death or injury of any
18 person shall not exceed $40,000. Nothing in this Section
19 bars any person from making separate claims which, in the
20 aggregate, exceed any one limit where such person incurs more
21 than one type of compensable damage, including personal
22 injury, property damage, and loss to means of support.
23 However, all persons claiming loss to means of support shall
24 be limited to an aggregate recovery not to exceed the single
25 limitation set forth herein for the death or injury of each
26 person from whom support is claimed.
27 Nothing in this Act shall be construed to confer a cause
28 of action for injuries to the person or property of the
29 intoxicated person himself, nor shall anything in this Act be
30 construed to confer a cause of action for loss of means of
31 support on the intoxicated person himself or on any person
32 claiming to be supported by such intoxicated person. In
33 conformance with the rule of statutory construction
34 enunciated in the general Illinois saving provision in
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1 Section 4 of "An Act to revise the law in relation to the
2 construction of the statutes", approved March 5, 1874, as
3 amended, no amendment of this Section purporting to abolish
4 or having the effect of abolishing a cause of action shall be
5 applied to invalidate a cause of action accruing before its
6 effective date, irrespective of whether the amendment was
7 passed before or after the effective date of this amendatory
8 Act of 1986.
9 Each action hereunder shall be barred unless commenced
10 within one year next after the cause of action accrued.
11 However, a licensed distributor or brewer whose only
12 connection with the furnishing of alcoholic liquor which is
13 alleged to have caused intoxication was the furnishing or
14 maintaining of any apparatus for the dispensing or cooling of
15 beer is not liable under this Section, and if such licensee
16 is named as a defendant, a proper motion to dismiss shall be
17 granted.
18 (b) Any person licensed under any state or local law to
19 sell alcoholic liquor, whether or not a citizen or resident
20 of this State, who in person or through an agent causes the
21 intoxication, by the sale or gift of alcoholic liquor, of any
22 person who, while intoxicated, causes injury to any person or
23 property in the State of Illinois thereby submits such
24 licensed person, and, if an individual, his or her personal
25 representative, to the jurisdiction of the courts of this
26 State for a cause of action arising under subsection (a)
27 above.
28 Service of process upon any person who is subject to the
29 jurisdiction of the courts of this State, as provided in this
30 subsection, may be made by personally serving the summons
31 upon the defendant outside this State, as provided in the
32 Code of Civil Procedure, as now or hereafter amended, with
33 the same force and effect as though summons had been
34 personally served within this State.
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1 Only causes of action arising under subsection (a) above
2 may be asserted against a defendant in an action in which
3 jurisdiction over him or her is based upon this subsection.
4 Nothing herein contained limits or affects the right to
5 serve any process in any other manner now or hereafter
6 provided by law.
7 (Source: P.A. 84-1308; 84-1380; 84-1381; 84-1438.)