Provocation as a Defense in Dram Shop Cases

In some dram shop cases, the defendant – typically the establishment which serves alcohol – may proclaim “provocation” as a defense against charges brought by the plaintiff, who is typically the victim of the actions of an intoxicated person, but may also be guilty of provocation. According to Chapter 5, Section 2 [5.5] of the Illinois Dramshop Practice Act handbook issued by the Illinois Institute for Continuing Legal Education (IICLE):

“The importance of provocation as an affirmative defense cannot be understated. The affirmative defense not only allows the defendant to highlight the plaintiff’s provocation in the jury instructions, but also completely bars the plaintiff who is found guilty of provocation from recovery even if the alleged intoxicated person’s intoxication was one of the causes of the incident.

One of the elements the plaintiff must prove to recover under the Dramshop Act is that the AIP’s intoxication was at least one cause of the incident causing injury. Whether or not provocation is an affirmative defense, the defendant is always free to argue that the incident in question was caused solely by the acts of the plaintiff rather than by the AIP’s intoxication. This point was made by the court in Gilman, supra, which held that arguments regarding the actions of a plaintiff before he was injured and regarding causation would be proper even if provocation were not an affirmative defense under the Dramshop Act. Liability under the Dramshop Act does not extend to a case in which an assault is prompted by matters independent of the sale of alcohol.”

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.

We are proud to serve our fellow citizens in personal injury cases, especially when you or a loved one has been injured in an accident due to another’s negligence. We see you as a person, not just a client – and that makes us better at the work we do. We listen. We learn your story. And, as we help you get the money you deserve, we go above and beyond in a way most law firms never could and never would. Because we’re not just lawyers. And you’re not just a client. We’re friends, neighbors, family. We’re all people and here at 844 See Mike, we put People, First.

Helping our clients is about counseling, advocating, and ultimately solving problems. With years of experience successfully representing the people, not the powerful, we will take care of the insurance adjusters, your medical bills, your property damage, and your lost wages, and monitor your treatment so you can focus on healing and getting your life back to normal. Our unique formula has earned us over 900 outstanding client reviews on our website, an A+ BBB rating, and over 120 five-star reviews on Google. Call 888-572-0176, e-mail us at michael@agrusslawfirm.com, or schedule a meeting with us here. We’re here 24/7.