Menu
Search

Illinois man seeks damages after being punched in saloon

Home
Blog
Premises Liability
Illinois man seeks damages after being punched in saloon

Illinois man seeks damages after being punched in saloon

An Illinois man is seeking more than $50,000 in damages after being punched in a saloon. The saloon allegedly sold alcohol to a customer who became drunk and punched the victim, causing him to fall and strike his head. As a result of injuries he received, the victim was hospitalized for a short time. The victim has now filed a two-count suit against the saloon seeking at least $50,000 to cover doctors’ bills and other expenses plus damages that include pain and suffering.

One of the counts is based on the Illinois Dram Shop Act which states that any retailer selling liquor to an intoxicated customer who then causes damage is liable if a plaintiff’s allegations can be proven. The victim’s attorney says the saloon should have anticipated incidents of this nature during that time of night and claims that the establishment should have made preparations to handle them. However, the only person who was there to keep order was one female bar tender.

The saloon’s attorney maintains that the person who hit the plaintiff punched him because the victim was involved in a confrontation with another person. According to his statements, the Illinois Dram Shop Act does not apply in these circumstances. He says that in order for the act to apply, the perpetrator has to be drunk, and the attorney suggests that the man who hit the plaintiff, who has pleaded guilty battery, was not intoxicated.

In an effort to argue the count based on the Illinois Dram Shop Act, the victim’s attorney may be able to produce eyewitnesses who will testify that the perpetrator was drunk at the time of the incident. In proving the second count, it may be possible to show that having one female bar tender on duty at that time of night does not constitute adequate security.

Source: The Telegraph, “Testimony continues in bar trial”, Sanford Schmidt, February 05, 2014

SHARE THIS POST
facebooktwittergoogle

Categories

Archives

Testimonials

Providing Legal
Solutions In An
Equitable &
Cost-Effective Manner

Related Articles

10May

Unlike broken bones, scarring, disfigurements, burns, and even some illnesses, whiplash is an "invisible injury," which makes it far more difficult to prove in a legal claim and therefore, far…

02May

Many people shy away from even considering prenups because – let’s face it – they have a pretty bad rap. A prenuptial agreement, however, is nothing more than a contract…

26Apr

The communities of northern Cook County are generally friendly places for people who like to get around on foot for work, errands, or just plain fun. However, issues like distracted…

Need Our Help?

Schedule Your Free Consultation Today

Contact Us

Get Your Free Consultation!
  • 13 minus 5 =
  • This field is for validation purposes and should be left unchanged.
Call Now Button