Q: My brother was drinking and got drunk at his motel. Left there drunk and went to a bar where they served him for a few more hours, knowing he was already drunk. My brother left there, wrecked his car and was killed. I'm mad at the bar owners that would keep serving him, knowing the shape he was already in. I want to file suit. I loved my brother dearly and somebody is going to pay.
Attorney Cliff Horwitz:
This is a difficult situation. I don't know what state you live in. In Illinois, there is a one-year Statute of Limitations on Dram Shop Actions. These are actions against a bar for over-serving or intoxicating an individual. However, there is a $40,000.00 cap on such claims. In the tragic situation you describe there would most likely not be any claim. The law in Illinois requires that the intoxicated person NOT be a contributing factor to his injury or death. If you are outside of Illinois, please obtain immediate legal advice.
I wish to express my condolences for your loss and I wish you the best.