Chicago DUI attorney provides an update on the responsibility of the gentleman's club

This Chicago DUI attorney has posted here and here about potential liability for serving alcohol when there is a DUI, even if the alcohol was served in a private home.

Recently the Illinois Supreme Court decided that there could be liability, even when a business was clever enough to avoid serving alcohol.

From Simmons v. Hormatas:

Of concern to the courts in Wienke and Gustafson was whether persons should be given the burden of determining whether a person was intoxicated and whether that person would drive safely or recklessly. However, our decision in this case does not implicate those concerns. On Stage took on the burden of determining whether Homatas was dangerously intoxicated when club employees discovered him vomiting in the restroom, a likely result of his intoxication. On Stage, on its own initiative, made this determination and expelled Homatas from the club. In doing so, On Stage acquired a duty not to encourage and assist Homatas in the tortious conduct of driving while intoxicated. On Stage, in effect, argues both that it should not be required to determine whether a patron is intoxicated and that it cannot be not responsible when it nonetheless voluntarily chooses to make that determination and then facilitates that patron’s tortious conduct. Such an argument is untenable. We conclude that the Dramshop Act does not preempt plaintiffs’ common law claims in this case, and does not preclude imposing a duty of care on On Stage.

 In this case, a reasonable jury could find that On Stage knew that the act of driving while intoxicated is tortious conduct and constitutes a breach of duty toward others traveling on the public highways. Further, from the face of the complaints, plaintiffs allege On Stage knew Homatas was intoxicated, and clearly knew he was driving from the premises. A reasonable jury could also conclude that ejecting Homatas from the club, having the parking valet bring Homatas’s car to the front of the club, and assisting him into his vehicle and directing him to drive off constitutes substantial assistance from, or encouragement by, On Stage toward Homatas in his tortious conduct.

 As the circuit court recognized, this case presents a set of special circumstances. We do not hold today that restaurants, parking lot attendants or social hosts are required to monitor their patrons and guests to determine whether they are intoxicated. We hold only that where, as here, a defendant is alleged to have removed a patron for being intoxicated, places the patron into a vehicle and requires him to drive off, such facts are sufficient to state a common law negligence cause of action that is not preempted by the Dramshop Act.

 This is big news. So if you knew or should have known that someone was intoxicating and it was reasonable for you to know they may drive, you could have some liability if an accident, involving the drunk person, occurs.