The Limitations of the Illinois Dram Shop Act

Dram shop laws hold restaurants, bars and other establishments that sell liquor liable for injuries caused by intoxicated people to whom they have served alcohol. At common law, there was no cause of action available against commercial vendors for these types of injuries. However, today the majority of states have a dram shop law providing for such legal action, although they vary greatly in scope.

Illinois Dram Shop Act

Illinois has a fairly liberal dram shop law. Under the state's Liquor Control Act (also referred to as the "Dram Shop Act"), a commercial vendor may be held liable for any injuries or damages caused by an intoxicated person so long as:

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Study: Illinois fails to provide adequate nursing home care

As your loved ones grow older, many will likely require more supervision and specialized medical care than they do now. As a result, many families turn to nursing homes to provide that care. Although the family reasonably expects the nursing home to give the best care, unfortunately that is not always the case.

This sad fact was highlighted in a recent study conducted by Families for Better Care, a nonprofit elder advocacy group. The study graded nursing homes and long-term care facilities in each state based on several factors including the number of complaints, staffing levels and the average amount of staff experience in each facility.

Unfortunately, the study found that based on the care provided in its nursing homes, Illinois was one of the 11 states that received a failing grade. Only eight other states received lower grades.

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Supreme Court Ruling in Mazda Seatbelt Suit May Affect Accident Victims

2011 could prove to be a big year for those injured in car accidents. Early this year, the U.S. Supreme Court issued an opinion in the landmark case Williamson v. Mazda Motor of America, Inc. Under the new holding, victims of car crashes could potentially have legal recourse against car companies that cut corners to save on costs, even if in doing so they were technically in compliance with federal safety guidelines.

Design Comporting With Government Standards No Bar to Lawsuit

In 2002, the Williamson family was traveling in a 1993 Mazda minivan when their vehicle was struck head-on by a Jeep Wrangler. All three members of the Williamson family had been buckled up. But, while Delbert and Alexa Williamson were strapped in with lap-and-shoulder belt configurations, Thanh Williamson was in the middle of the second row of seats, equipped by Mazda with a lap-only belt.

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Safety Record for Senior Drivers Improves

The idea of safety in numbers can be consoling; however, the fact that more than 20 million drivers age 70 or older are on the roads may not be especially comforting to the driving public. But in the wake of more stringent restrictions for older drivers, the Insurance Institute of Highway Safety (IIHS) recently issued a report that there has been a decline in fatal crashes involving those drivers.

The IIHS report surveyed fatal crash data for the years 1997 to 2008 and found that fatal crash rates, non-fatal injuries and property damage rates for drivers over 70 had dropped. While worth celebrating, these drastic declines were not expected.

As drivers age, certain things are understood. Reflexes are slower, bodies are frailer, eyesight fails, hearing falters and stamina wavers. Any of these factors can impact an older person's ability to be a safe driver. The decline in crash and injury rates could be based on improved general health of drivers, safer vehicles being on the road, or improved emergency medical and trauma care.

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