Woman Files Personal Injury Lawsuit Against Bar After Being Shot on Premises

A Joliet bar faces a personal injury lawsuit after a woman was shot inside the establishment by an allegedly intoxicated patron.

An Illinois woman has filed a personal injury lawsuit against a Joliet bar after she was shot in the shoulder inside Terrace Inn Lounge on Gardner Street. According to the plaintiff’s lawsuit, on May 29, 2023, Terrace Inn sold liquor to an allegedly intoxicated person at the premises. The plaintiff contends that the alcoholic beverages consumed by the shooter contributed to his intoxication and the shooting that followed.

According to the lawsuit, the plaintiff was inside Terrace Inn Lounge when the shooter provoked an argument and fight with other people in the bar. The shooter then allegedly fired a gun inside the establishment, and the plaintiff was struck by the bullets.

Quick Answer:
Illinois law provides a cause of action against certain licensed sellers of alcohol when their sale or gift of alcoholic liquor causes the intoxication of a person who subsequently causes an injury. The Illinois Dram Shop Act also contains specific requirements and limitations, so the facts of an individual case are important.

What Happened Inside the Joliet Bar?

The plaintiff alleged that Terrace Inn Lounge served alcohol to a person who was allegedly intoxicated. According to her lawsuit, the shooter then became involved in an argument and fight with other people inside the bar before firing a gun.

The plaintiff was struck by the shooter’s bullets and suffered a gunshot injury to her shoulder. Her lawsuit alleges that the shooter’s intoxication and the bar’s conduct contributed to the incident.

Alcohol Was Allegedly Served

The lawsuit alleges that Terrace Inn Lounge sold alcoholic beverages to the person who later became involved in the altercation.

An Argument Escalated

According to the complaint, the patron provoked an argument and fight with other people inside the bar.

A Gun Was Fired Inside the Establishment

The lawsuit alleges that the shooter fired a gun inside the bar, striking the plaintiff in the shoulder.

A Personal Injury Lawsuit Followed

The plaintiff sued the bar, alleging negligent alcohol service and other failures that contributed to the shooting and her injuries.

What Is Illinois’ Dram Shop Act?

The Illinois Dram Shop Act is part of the Liquor Control Act of 1934. Under 235 ILCS 5/6-21, a person injured in Illinois by an intoxicated person may have a right of action against certain individuals or businesses licensed to sell alcoholic liquor when their sale or giving of alcohol causes the person’s intoxication. The statute also establishes specific limitations and requirements for these claims.

The current statute can be reviewed directly through the Illinois General Assembly:
235 ILCS 5/6-21.

Important:
A Dram Shop Act claim is different from simply alleging that a bar was negligent. The statute contains its own legal requirements, defenses, and limitations, so the circumstances of each case must be carefully evaluated.

What Must Be Shown in a Dram Shop Claim?

A claim under the Illinois Dram Shop Act generally focuses on whether a covered alcohol seller provided alcoholic liquor that caused the intoxication of the person who subsequently caused the injury. The specific legal requirements depend on the circumstances and the type of claim being pursued.

A Covered Alcohol Seller

The defendant must fall within the category of persons covered by the Dram Shop Act, including certain licensed sellers of alcoholic liquor.

Alcohol Was Sold or Given

The claim must involve the sale or giving of alcoholic liquor that caused the relevant person’s intoxication.

The Person Became Intoxicated

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

The Intoxicated Person Caused an Injury

The plaintiff must have suffered an injury caused by the intoxicated person.

These cases can involve detailed factual questions about what alcohol was served, when it was served, whether the person became intoxicated, and whether that intoxication caused the subsequent injury. Evidence from the bar or restaurant can therefore be extremely important.

Dram Shop Claims and Negligent Security Claims Are Not the Same

The lawsuit against Terrace Inn Lounge alleged more than improper alcohol service. The plaintiff also accused the establishment of failing to provide adequate security and failing to protect patrons from foreseeable dangers inside the bar.

Specifically, the lawsuit alleged that the bar failed to employ bouncers or security personnel at the premises or entrances, failed to properly supervise security personnel, failed to properly search the shooter, failed to provide a safe environment for patrons, and failed to prevent or restrain the shooter.

Dram Shop Claim

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

Negligent Security Claim

May involve allegations that a business failed to take reasonable safety measures or protect patrons from foreseeable criminal activity.

Depending on the facts, more than one legal theory may be asserted. An attorney can determine whether the circumstances support a Dram Shop Act claim, a premises liability or negligent security claim, or another cause of action.

Why Evidence Can Disappear Quickly After a Bar Shooting

Evidence from a bar or restaurant can be critical in determining who was present, what happened before the shooting, whether the alleged shooter was drinking, and whether employees or security personnel observed warning signs before the incident.

Potential evidence may include surveillance video, point-of-sale records, receipts, employee schedules, witness statements, incident reports, photographs, police records, and communications between employees or management.

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

When a shooting or other violent incident occurs at a business, an attorney may also investigate whether the establishment had prior incidents, security policies, staffing procedures, or other information that could be relevant to the case.

Illinois Dram Shop Claims Have Specific Rules and Limits

The Illinois Dram Shop Act is a statutory cause of action, and the statute places specific limitations on claims against alcohol sellers. The current version of 235 ILCS 5/6-21 should be reviewed when evaluating a potential claim because its statutory requirements and limitations matter.

Official Illinois Statute:

235 ILCS 5/6-21 — Dramshop actions

A person injured by an intoxicated individual should not assume that every injury caused by a drunk patron automatically creates liability for the establishment. The facts and evidence must be examined to determine whether the applicable statutory requirements and any separate negligence or security theories are satisfied.

Talk to a Danville, Illinois Personal Injury Lawyer Today

Have you been injured by a drunk patron at a bar or restaurant? Depending on the circumstances, you may have a claim for compensation. Contact the Danville personal injury lawyers at Patel Law, PC today to schedule an appointment and learn more about how we can help.