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Illinois Personal Injury & Criminal Defense / Blog / Premises Liability / Illinois Woman Shot at Bar Files Premises Liability Lawsuit

Illinois Woman Shot at Bar Files Premises Liability Lawsuit

DramShop

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, the Terrace Inn sold John Foster, an allegedly intoxicated person, a large quantity of alcohol. The plaintiff alleges that the booze sold by the bar caused the patron’s intoxication.

The plaintiff was inside the Terrace Inn Lounge when Foster provoked an argument and a fight with others inside the establishment. Foster pulled a gun and fired at someone, striking the plaintiff in the shoulder.

The lawsuit accuses the Terrace Inn Lounge of negligence and being liable under Illinois’ Dram Shop Act. The lawsuit further accuses the Terrace Inn Lounge of failing to employ bouncers and security to safeguard its premises from unruly patrons, failing to provide a safe environment for patrons, and failing to impede, restrain, or arrest the shooter.

Understanding Illinois’ Dram Shop Act 

Illinois Dram Shop Act holds restaurants, bars, and other establishments that serve alcohol liable for injuries caused by intoxicated individuals to whom they served alcohol. In Illinois, a commercial vendor of alcohol can be held liable for injuries and damages caused by an intoxicated person when:

  • The vendor sold alcohol to the individual who caused the injury
  • The alcohol sold by the vendor caused or materially contributed to the individual’s intoxication
  • The intoxication was the proximate cause of the victim’s injuries

The Dram Shop Act (also known as the Liquor Control Act) imposes liability against any vendor of alcohol who sold or furnished alcohol to the intoxicated person. In addition, those who own, rent, or lease the property are liable under the Act.

Elements of negligence and negligent security 

Negligent security is a type of tort or injury lawsuit that is filed by an injured plaintiff who sustained their injury on premises. Unlike other types of personal injury lawsuits, a third party (the establishment) can be held liable for the conduct of a patron who consumed too much alcohol at their establishment. The plaintiff is on the hook to prove that the establishment overserved the unruly party, and this led them to suffer a state of intoxication that made them aggressive or dangerous. That’s precisely what the plaintiff is alleging in her lawsuit against the Terrace Inn Lounge. She alleges that the establishment overserved a patron who picked a fight, pulled a gun, and then pulled the trigger. The wayward bullet struck her in the shoulder, causing her substantial injury. She is entitled to recover damages related to her medical expenses, any wages she lost from not being able to work, and pain and suffering damages related to the trauma of being shot.

Talk to a Springfield, IL Premises Liability Lawyer Today 

Injured on-premises? Patel Law, PC can help. Call our Springfield premises liability lawyers today to schedule a consultation, and we can begin investigating your case right away.

Source:

patch.com/illinois/joliet/woman-shot-joliet-bar-files-negligence-lawsuit

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