Dram Shop Act: DeSoto Tavern Drinking Case Dismissed by Sigh Court
January 31, 2011
In Illinois and most US States there is what is called as the Dram Shop Act which holds the owner of a tavern
the owner of the property upon which the tavern is located responsible for injuries a drunk person inflicts on others after having been served alcohol at that particular establishment. Of course there are exceptions and limitations, but generally, the tavern owner has to exercise discretion and vigilance when he or she is serving people alcoholic beverages and to deny them such service and even call them a cab if the patron has failed to notice his or her limits.
As I mentioned above, there are limits to the tavern owner or the property owner’s responsibility. For example, the law cannot hold the owners responsible if after having drank at the establishment, the person leaves the bar and an hour later holds up a liquor store at gun point.
The case below is all about the limitation of the Dram Shop Act. At what point the responsibilities of the bar owner ends and other persons (or the victim himself) responsibility begins. The Illinois Supreme Court appears to believe that once the person has left the property of the bar the victim is then responsible for his own death.
The Illinois Supreme Court has turned down an appeal in a case involving the 2007 alcohol-related death of a southern Illinois man. At issue was whether the tavern owner should be held responsible for the death of Joshua McGinness, who was drinking at The Gallery in DeSoto to celebrate his 21st birthday.McGinness was not on the bar’s property when he died with a blood alcohol concentration of .345. Local and appellate courts dismissed the lawsuit, filed by McGinness’ parents, arguing that bars can’t be held liable for their patrons’ actions. The state’s high court refused to hear the case in late November.Attorneys for Gallery owner Ryan Dantone were formally notified Friday that the case was over.