Lost Domestic and Parental Services in Dram Shop Cases

In dram shop cases, lost domestic/parental services – or lost “means of support” – typically refers to an individual’s wage-earning ability rather than a literal interpretation. According to Chapter 1, Section II. 7 [1.13] of the Illinois Dramshop Act Practice handbook issued by the Illinois Institute for Continuing Legal Education (IICLE):

“A mother’s services and support to children and to a grandmother were not “occupational” in nature so as to permit recovery for injury to means of support by the grandmother, who became the legal guardian of the minor children after the mother’s death. The mother had prepared meals, washed clothes, shopped for food and clothes, and provided supervision and training for the minor children. The “means of support” used in the Dramshop Act, however, relates to a party’s wage-earning ability, not to the party’s performance of parental duties and domestic chores.

The court in Wilberton v. Freddie’s Pepper Box, Inc., 148 Ill.App.3d 319, 499 N.E.2d 615, 102 Ill.Dec. 58 (1st Dist. 1986), distinguished Weiner v. Trasatti, 19 Ill.App.3d 240, 311 N.E.2d 313 (1st Dist. 1974), and stated that the reference to contribution of domestic services as a component of the means of support was clearly dicta and not controlling…Prior to the current Dramshop Act, the legislature amended the Dramshop Act many times and has not allowed recovery specifically for parental care of children, domestic services, or governmental benefits as resources constituting means of support. Please note, however, that this cause of action may now be viable in some part based on the loss of society provisions of the Dramshop Act. See Miller v. Penrod, 326 Ill.App.3d 594, 761 N.E.2d 329, 260 Ill.Dec. 485 (3d Dist. 2001) (decedent’s estate permitted to bring loss of society claim), appeal denied, 198 Ill.2d 618 (2002).”

If you or a loved one has been injured due to the negligence of an intoxicated person, we will help you pursue damages against the person/s directly responsible for the accident, and if the dram shop had supplied excessive alcohol to the at-fault party, that establishment may be legally liable for your compensation.

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