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| [ Introduced ] | [ House Amendment 001 ] |
90_HB0046eng
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
HB0046 Engrossed 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 or loss of society caused by an intoxicated person
12 or in consequence of the intoxication of any person resulting
13 as hereinabove set out. The action, if the person from whom
14 support or society was furnished is living, shall be brought
15 by any person injured in means of support or society in his
16 or her name for his or her benefit and the benefit of all
17 other persons injured in means of support or society.
18 However, any person claiming to be injured in means of
19 support or society and not included in any action brought
20 hereunder may join by motion made within the times herein
21 provided for bringing such action or the personal
22 representative of the deceased person from whom such support
23 or society was furnished may so join. In every such action
24 the jury shall determine the amount of damages to be
25 recovered without regard to and with no special instructions
26 as to the dollar limits on recovery imposed by this Section.
27 The amount recovered in every such action is for the
28 exclusive benefit of the person injured in loss of support or
29 society and shall be distributed to such persons in the
30 proportions determined by the verdict rendered or judgment
31 entered in the action. If the right of action is settled by
32 agreement with the personal representative of a deceased
33 person from whom support or society was furnished, the court
34 having jurisdiction of the estate of the deceased person
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1 shall distribute the amount of the settlement to the person
2 injured in loss of support or society in the proportion, as
3 determined by the court, that the percentage of dependency of
4 each such person upon the deceased person bears to the sum of
5 the percentages of dependency of all such persons upon the
6 deceased person. For all causes of action involving persons
7 injured, killed, or incurring property damage before
8 September 12, 1985, in no event shall the judgment or
9 recovery under this Act for injury to the person or to the
10 property of any person as hereinabove set out exceed $15,000,
11 and recovery under this Act for loss of means of support
12 resulting from the death or injury of any person, as
13 hereinabove set out, shall not exceed $20,000. For all causes
14 of action involving persons injured, killed, or incurring
15 property damage after September 12, 1985 but before January
16 1, 1998, in no event shall the judgment or recovery for
17 injury to the person or property of any person exceed $30,000
18 for each person incurring damages, and recovery under this
19 Act for loss of means of support resulting from the death or
20 injury of any person shall not exceed $40,000. For all causes
21 of action involving persons injured, killed, or incurring
22 property damage on or after January 1, 1998, in no event
23 shall the judgment or recovery for injury to the person or
24 property of any person exceed $55,000 for each person
25 incurring damages, and recovery under this Act for loss of
26 means of support resulting from the death or injury of any
27 person shall not exceed $65,000. Recovery under this Act for
28 loss of society resulting from the death or injury of any
29 person, as set out in this Section, shall not exceed $65,000.
30 Nothing in this Section bars any person from making separate
31 claims which, in the aggregate, exceed any one limit where
32 such person incurs more than one type of compensable damage,
33 including personal injury, property damage, and loss to means
34 of support or society. However, all persons claiming loss to
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1 means of support or society shall be limited to an aggregate
2 recovery not to exceed the single limitation set forth herein
3 for the death or injury of each person from whom support or
4 society is claimed.
5 Nothing in this Act shall be construed to confer a cause
6 of action for injuries to the person or property of the
7 intoxicated person himself, nor shall anything in this Act be
8 construed to confer a cause of action for loss of means of
9 support or society on the intoxicated person himself or on
10 any person claiming to be supported by such intoxicated
11 person or claiming the society of such person. In conformance
12 with the rule of statutory construction enunciated in the
13 general Illinois saving provision in Section 4 of "An Act to
14 revise the law in relation to the construction of the
15 statutes", approved March 5, 1874, as amended, no amendment
16 of this Section purporting to abolish or having the effect of
17 abolishing a cause of action shall be applied to invalidate a
18 cause of action accruing before its effective date,
19 irrespective of whether the amendment was passed before or
20 after the effective date of this amendatory Act of 1986.
21 Each action hereunder shall be barred unless commenced
22 within one year next after the cause of action accrued.
23 However, a licensed distributor or brewer whose only
24 connection with the furnishing of alcoholic liquor which is
25 alleged to have caused intoxication was the furnishing or
26 maintaining of any apparatus for the dispensing or cooling of
27 beer is not liable under this Section, and if such licensee
28 is named as a defendant, a proper motion to dismiss shall be
29 granted.
30 (b) Any person licensed under any state or local law to
31 sell alcoholic liquor, whether or not a citizen or resident
32 of this State, who in person or through an agent causes the
33 intoxication, by the sale or gift of alcoholic liquor, of any
34 person who, while intoxicated, causes injury to any person or
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1 property in the State of Illinois thereby submits such
2 licensed person, and, if an individual, his or her personal
3 representative, to the jurisdiction of the courts of this
4 State for a cause of action arising under subsection (a)
5 above.
6 Service of process upon any person who is subject to the
7 jurisdiction of the courts of this State, as provided in this
8 subsection, may be made by personally serving the summons
9 upon the defendant outside this State, as provided in the
10 Code of Civil Procedure, as now or hereafter amended, with
11 the same force and effect as though summons had been
12 personally served within this State.
13 Only causes of action arising under subsection (a) above
14 may be asserted against a defendant in an action in which
15 jurisdiction over him or her is based upon this subsection.
16 Nothing herein contained limits or affects the right to
17 serve any process in any other manner now or hereafter
18 provided by law.
19 (Source: P.A. 84-1308; 84-1380; 84-1381; 84-1438.)
20 Section 99. Effective date. This Act takes effect upon
21 becoming law.