Chicago Accident and Injury Lawyer Blog

This time of year, graduation parties monopolize the social calendars of practically every Illinois teenager. Over the past two weeks, this blog has discussed various legal issues surrounding underage drinking in Illinois.

This discussion would not be complete without a look at The Drug or Alcohol Impaired Minor Responsibility Act, 740 ILCS 58/5 (2004), which imposes civil liability against “any person at least 18 years of age who willfully supplies alcoholic liquor or illegal drugs to a person under 18 years of age", impairing the minor, and causing injury or death. Specifically, the Act provides a cause of action for victims and/or their family members against anyone:

(i) who, by willfully selling, giving, or delivering alcoholic liquor or illegal drugs, causes or contributes to the impairment of the person under the age of 18; or

(ii) who, by willfully permitting consumption of alcoholic liquor or illegal drugs on non-residential premises owned or controlled by the person over the age of 18, causes or contributes to the impairment of the person under the age of 18.

740 ILCS 58/5 (2011). This means that any adult, who provides alcohol or drugs to a minor, who then becomes impaired, gets into a car and causes a collision which injures or kills the minor or anyone else, can be found liable under the Act.

The damages available under the Act are comprehensive, and include:

(1) economic damages, such as the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury and any other pecuniary loss proximately caused by the impairment of the person under the age of 18;

(2) non-economic damages, such as physical and emotional pain, suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, services, and consortium, and other non-pecuniary losses proximately caused by the impairment of the person under the age of 18;

(3) reasonable attorneys' fees;

(4) costs of suit, including, but not limited to, reasonable expenses for expert testimony; and

(5) punitive damages, if applicable.

740 ILCS 58/10 (2011).

The Act imposes a 2-year statute of limitation, which is the time period in which a victim or the family may file suit. As with any case involving injury or death, it is critical to contact a personal injury attorney as soon as possible after suffering a catastrophic event so as not to be barred by the statute of limitations.