Illinois Woman Shot at Bar Files Premises Liability Lawsuit

Joliet Bar Shooting Raises Questions About Negligent Security and Illinois’ Dram Shop Act

A woman injured inside a Joliet bar alleges that inadequate security and the sale of alcohol contributed to a shooting that left her with a shoulder injury.

A Joliet woman has filed a personal injury lawsuit under a theory of negligent security after she was shot in the shoulder inside the Terrace Inn Lounge on Gardner Street. According to the plaintiff’s lawsuit, on May 29, 2023, Terrace Inn sold John Foster, an allegedly intoxicated person, a large quantity of alcohol. The plaintiff alleges that the alcohol sold by the bar caused or contributed to Foster’s intoxication.

The plaintiff was inside the Terrace Inn Lounge when Foster allegedly provoked an argument and fight with other people inside the establishment. According to the lawsuit, Foster pulled a gun and fired at another person, striking the plaintiff in the shoulder.

Quick Answer:
A bar shooting can potentially lead to more than one type of legal claim. The Illinois Dram Shop Act creates a statutory cause of action against covered alcohol sellers when their sale or giving of alcohol causes a person’s intoxication and that intoxicated person causes an injury. A separate negligent security claim may also be possible when the alleged negligence involves conduct independent of merely selling alcohol, such as failing to protect patrons from a known or foreseeable danger on the premises.

What Happened at the Terrace Inn Lounge?

According to the lawsuit, Foster was allegedly served a large quantity of alcohol at the Terrace Inn Lounge before becoming involved in an altercation. The plaintiff alleges that the alcohol contributed to Foster’s intoxication.

The lawsuit claims that Foster subsequently provoked an argument and fight with other individuals inside the establishment. Foster allegedly pulled out a gun and fired, with one of the bullets striking the plaintiff in the shoulder.

Alcohol Was Allegedly Sold to Foster

The plaintiff alleges that Terrace Inn Lounge sold Foster a substantial amount of alcohol and that the alcohol caused or contributed to his intoxication.

An Argument Escalated

According to the complaint, Foster became involved in an argument and fight with other people inside the bar.

A Gun Was Fired Inside the Bar

The lawsuit alleges that Foster pulled a gun and fired at another person, with a bullet striking the plaintiff in the shoulder.

The Plaintiff Filed a Lawsuit

The plaintiff sued Terrace Inn Lounge, alleging negligence, negligent security, and liability under the Illinois Dram Shop Act.

Understanding Illinois’ Dram Shop Act

Illinois’ Dram Shop Act is found in Section 6-21 of the Liquor Control Act. Under 235 ILCS 5/6-21, a person injured in Illinois by an intoxicated person may have a statutory cause of action against a person licensed to sell alcoholic liquor when the licensed seller, by selling or giving alcoholic liquor, causes the intoxication of the person who caused the injury.

The Illinois Supreme Court and appellate courts have described a Dram Shop claim as a statutory, limited form of liability rather than an ordinary negligence claim based on the act of serving alcohol. The statute focuses on the relationship between the alcohol sale or gift, the resulting intoxication, and the injury caused by the intoxicated person.

Official Illinois Statute:

235 ILCS 5/6-21 — Dramshop actions

When Can the Dram Shop Act Apply?

A Dram Shop claim generally requires evidence connecting the alcohol transaction to the intoxication and the intoxicated person’s conduct that caused the injury.

A Covered Seller Provided Alcohol

The defendant must be a person or business covered by the Dram Shop Act, such as a person licensed under applicable law to sell alcoholic liquor.

The Alcohol Caused the Intoxication

The sale or giving of alcoholic liquor must be connected to the intoxication of the person who later caused the injury.

The Intoxicated Person Caused the Injury

The plaintiff must have suffered an injury caused by the intoxicated person. The statute does not create a cause of action for injuries to the intoxicated person himself or herself.

The Illinois Dram Shop Act also contains specific provisions concerning the circumstances in which property owners, lessors, or persons permitting the occupation of premises may be liable, as well as a one-year period for bringing an action under the Act. The exact application of those provisions should be evaluated based on the facts of the case.

What Is Negligent Security?

Negligent security is a separate theory that can arise when a person is injured on business premises because the establishment allegedly failed to take reasonable precautions against foreseeable criminal or violent conduct.

In Illinois, courts have recognized that a business may potentially face a negligence claim based on conduct independent of the mere furnishing of alcohol. For example, courts have distinguished allegations that a business failed to protect patrons from physical harm on the premises from claims based solely on serving alcohol.

That distinction matters in a case involving a bar shooting. Allegations concerning inadequate security, failure to respond to an escalating fight, failure to protect patrons from a known threat, or other independent conduct may present different legal issues from the statutory Dram Shop claim.

Dram Shop Claim

Focuses on whether a covered alcohol seller’s sale or gift of alcohol caused the intoxication of the person who subsequently caused the injury.

Negligent Security Claim

Focuses on whether the establishment independently failed to take reasonable precautions to protect patrons from foreseeable harm on the premises.

What the Plaintiff Alleges Against Terrace Inn Lounge

The lawsuit accuses Terrace Inn Lounge of negligence and liability under the Illinois Dram Shop Act. The plaintiff also alleges that the bar failed to employ adequate bouncers or security personnel to safeguard the premises from unruly patrons.

The lawsuit further alleges that the establishment failed to provide a safe environment for its patrons and failed to impede, restrain, or otherwise respond to the shooter before the shooting occurred.

Security Staffing

The plaintiff alleges the bar failed to employ bouncers or security personnel to protect patrons.

Response to an Escalating Fight

The plaintiff alleges that the establishment failed to impede or restrain the patron as the conflict developed.

Protection of Patrons

The lawsuit alleges that the bar failed to provide a reasonably safe environment for patrons inside the establishment.

What Evidence Can Matter in a Bar Shooting Case?

Evidence can be critical when investigating both negligent security and Dram Shop claims. Records showing what occurred before the shooting may help establish whether the bar knew or should have known about an escalating danger and what its employees did in response.

Surveillance Video

Security footage may show the events leading up to the confrontation and the establishment’s response.

Receipts and Sales Records

Alcohol receipts, point-of-sale records, and other business records may help establish what was purchased and when.

Witness Statements

Statements from patrons, employees, security personnel, and other witnesses may help establish what happened.

Prior Incidents

Depending on the facts, information about prior incidents at a location may be relevant to whether a particular danger was foreseeable.

Act Quickly:
Businesses may routinely overwrite surveillance footage or discard other records. Promptly identifying and preserving potentially relevant evidence can be important after a serious injury occurring at a bar or restaurant.

What Damages May Be Available?

An injured person may seek compensation for losses caused by the injury, depending on the legal theory and evidence supporting the claim. Potential damages in a personal injury case can include medical expenses, lost wages, reduced earning capacity, pain and suffering, and other losses recognized under applicable law.

A gunshot wound can result in substantial medical treatment and physical and emotional trauma. The value of a particular claim depends on the severity of the injury, the medical evidence, the financial losses, and the evidence establishing legal responsibility.

Illinois Dram Shop Claims Have a Strict Time Limit

The Illinois Dram Shop Act provides that an action under the Act must generally be commenced within one year after the cause of action accrued. This deadline is separate from the limitations period that may apply to an ordinary personal injury or negligent security claim.

Because different legal theories can have different deadlines, an injured person should not assume that the deadline for a Dram Shop claim is the same as the deadline for another claim arising from the same incident.

Official Illinois Law: