Personal Injury Law Blog

Halloween is an all-ages opportunity to dress up and have some fun. For many Illinois residents, Halloween festivities may include participating in a bar crawl event, partying at a favorite venue, attending a friend’s get-together, or throwing a house party. Many of these events may involve alcohol usage.

Illinois law provides certain guidelines for assigning liability when an intoxicated person causes injuries to someone else. Here’s what Illinois residents and visitors should know to keep their Halloween parties safer – and protect themselves in case of injury.

Dram Shop Liability and Halloween Parties

If an intoxicated person injures you, you can seek compensation from that person. Under Illinois’ dram shop laws, you may also be able to seek compensation from a bar or other venue that served alcohol to that person. 

To bring a dram shop claim, you’ll need to demonstrate that:

• The venue provided alcohol that caused the intoxicated person to be intoxicated, and 
• The intoxicated person’s acts caused losses to the injured person.

Losses commonly compensated in dram shop claims include medical bills and related injury costs, property damage, and lost wages. 

If you’re joining a bar crawl or similar event for Halloween, start by planning a sober route home. You might assign (or volunteer as) a designated driver, download a rideshare app, buy your bus or train tickets in advance, or plan to walk. 

Next, take a look at your bar crawl ticket. Many events include one or two free drinks as part of the experience. If your ticket includes free drinks, commit to having only the drinks covered by your ticket. You’ll save money and protect yourself from excessive intoxication. 

Finally, if someone else injures you while they’ve been drinking, speak to an experienced Chicago personal injury lawyer. 

Hosting a House Party? Keep Social Host Rules in Mind

Like many states, Illinois has a dram shop law. However, unlike many states, Illinois does not extend similar responsibilities to homeowners who host parties. With one exception, Illinois does not hold a homeowner responsible if the party they host causes someone to become drunk and injure someone else.

The exception applies to adults age 21 or older who rent a hotel room or other space while knowing it will be used for underage drinking. In this case, the adult can be held liable if an underage drinker becomes intoxicated on the premises and then injures someone else. 

Social hosts can do much to protect their guests and others from injury during Halloween parties. If you’re hosting a party:

• Take extra care not to let alcohol fall into the hands of those under age 21. Provide special snacks, treats, activities, or non-alcoholic options for your younger guests.
• Have resources handy for guests who shouldn’t be driving. Download a rideshare app, program the numbers of local taxi companies into your phone, and know who the designated drivers are so you can show them some extra appreciation. Consider making a guest room available in case guests need to stay with you overnight.
• An hour or two before the party ends, close the bar. Bring out coffee and dessert at this time if you wish.

Advanced Halloween party planning can help not only you as a host but also prepare your guests from becoming dangerously intoxicated while still enjoying their Halloween evening. 

What To Do If You’re Injured by Someone Who Has Been Drinking At A Halloween Party

Halloween is a busy time of year for parties. No matter how careful you are, you may find yourself injured by someone who failed to take a similar level of care. 

If you’re injured by someone who’s been drinking this Halloween:

• Get medical care. Seek medical care for your injuries as soon as possible. A doctor can document the full extent of the damage and provide treatment to help you recover. 
• Document what happened. If possible, take photos or draw a diagram at the scene. Talk to any witnesses – get their contact information and ask if they’ll share any photos or videos they happened to take. Calling emergency services can help create a report as well.
• Save your paperwork. Save all paperwork related to the injuries. This might include doctor’s office notes, towing bills, pay stubs showing your lost wages if you missed work, and other information. This paperwork can document what you’ve lost, so you can win compensation. 

If you’re injured by someone who’s been drinking this Halloween, don’t wait. Call the experienced Illinois personal injury attorneys at Briskman, Briskman & Greenberg today. We’ll help you understand your legal rights and fight for the compensation you need.