My boat was hit and my son injured by an intoxicated boater—who was drinking at a bar nearby. Is the bar responsible?

Yes, in certain cases a restaurant and/or bar may be held responsible. The Dram Shop Act in Illinois, 235 ILCS 5/6-21 creates a cause of action against owners of businesses that sell liquor if the physical injury was caused by an intoxicated person. The injured party must prove that the intoxication was caused by consumption of liquor provided by the restaurant and/or bar and that the injury, property damage, or loss of means of support or loss of society (in wrongful death cases) was caused by the act of an intoxicated person. It is also important to note that the amount that can be recovered from a restaurant or bar in a Dram Shop Action is statutorily capped in the State of Illinois. The Dram Shop liability limits for individuals injured or killed after January 20, 2014 shall not exceed $65,017.86 for each person incurring damages. The cause of action for loss of means of support or loss of society resulting from the death or injury to any person on or after January 20, 2014, shall not exceed $79,466.27.