Chicago Basset On-Premise Server Practice Test

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Under the Illinois Dram Shop Act, what must plaintiffs demonstrate to recover damages?

  1. Proof that the alcohol was sold illegally

  2. Proof that the intoxicated person was a minor

  3. Evidence of the relationship with the intoxicated individual

  4. Proof of sale and injuries sustained as a result of intoxication

The correct answer is: Proof of sale and injuries sustained as a result of intoxication

To recover damages under the Illinois Dram Shop Act, plaintiffs must demonstrate proof of sale of alcohol to the intoxicated person and establish that their injuries were a direct result of that intoxication. The purpose of the Act is to hold liquor licensees accountable for their role in contributing to incidents that arise from the excessive consumption of alcohol by patrons. In proving their case, plaintiffs typically need to show that the establishment sold alcohol to someone who was already noticeably intoxicated, which contributed to an event resulting in harm, such as an accident or injury. This requirement emphasizes the responsibility of bars and liquor stores to monitor and manage the service of alcoholic beverages, particularly to patrons who exhibit signs of impairment. The other choices, while potentially relevant in different contexts, do not address the specific legal requirements outlined in the Illinois Dram Shop Act for plaintiffs seeking damages. The focus remains on the transaction of alcohol sales and the consequences that follow, making this the correct and most relevant criterion in a dram shop liability case.