740 ILCS 58/ Drug or Alcohol Impaired Minor Responsibility Act. - Illinois Statutes

(740 ILCS 58/1)     Sec. 1. Short title. This Act may be cited as the Drug or Alcohol Impaired Minor Responsibility Act. (Source: P.A. 93‑588, eff. 1‑1‑04.)

(740 ILCS 58/5)     Sec. 5. Responsibility of person who supplies alcoholic liquor or illegal drugs to a person under 18 years of age.     (a) Any person at least 18 years of age who willfully supplies alcoholic liquor or illegal drugs to a person under 18 years of age and causes the impairment of such person shall be liable for death or injuries to persons or property caused by the impairment of such person.     (b) A person, or the surviving spouse and next of kin of any person, who is injured, in person or property, by an impaired person under the age of 18, and a person under age 18 who is injured in person or property by an impairment that was caused by alcoholic liquor or illegal drugs that were willfully supplied by a person over 18 years of age, has a right of action in his or her own name, jointly and severally, for damages (including reasonable attorney's fees and expenses) against any person:         (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.

(c) An action for damages under this Section is barred unless commenced within 2 years after the right of action arises. (Source: P.A. 93‑588, eff. 1‑1‑04.)

(740 ILCS 58/10)     Sec. 10. A person entitled to bring an action under this Act may recover all of the following damages:         (1) economic damages, including, but not limited to,

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, including, but not limited

to, 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. (Source: P.A. 93‑588, eff. 1‑1‑04.)

(740 ILCS 58/15)     Sec. 15. Contributory negligence and contributory willful and wanton conduct. Neither contributory negligence nor contributory willful and wanton conduct shall apply to any injured party claiming damages under this Act. (Source: P.A. 93‑588, eff. 1‑1‑04.)

(740 ILCS 58/20)     Sec. 20. Applicability.     (a) A person may not bring an action under this Act against a licensee or employee of a licensee under the Liquor Control Act of 1934 who supplies alcoholic liquor to a person under 21 years of age for that act if the licensee or employee of the licensee complied with all applicable provisions of the Liquor Control Act of 1934.     (b) This Act applies only to causes of action that accrue on or after October 1, 2004. (Source: P.A. 93‑588, eff. 1‑1‑04.)