Illinois Compiled Statutes
740 ILCS 58/5 (2026)
Responsibility of person who supplies alcoholic liquor or illegal drugs to a person under 18 years of age
✓ current as of May 2026
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(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 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. 103-118, eff. 1-1-24.)
Notes of Decisions
Cited in 5
cases, 2005–2020 · leading case: Simmons v. Homatas, 925 N.E.2d 1089 (Ill. 2010).
Simmons v. Homatas, 925 N.E.2d 1089 (Ill. 2010). “740 ILCS 58/5 (West 2008). [3] This is particularly true here where earlier in the Chiariello complaint it is alleged that club employees were not given the proper training in identifying "the signs of intoxication.”
Vill. of Glenview v. Zwick, 826 N.E.2d 1171 (Ill. App. Ct. 2005). “n action is found to be amount due and demand was made for amount claimed at least three days before the cause of action was filed); 740 ILCS 125/1 (West 2002) (if individual disappears of own volition and search ensues without his or her attempting to stop it, individual may be…”
Noll v. Miller, 2020 IL App (3d) 190174-U (Ill. App. Ct. 2020). “Count III claimed that Reed and Pam Roesler were liable for Noll’s injuries under section 5 of the Drug or Alcohol Impaired Minor Responsibility Act (Minor Responsibility Act) (740 ILCS 58/5 (West 2018)) for “willfully permitting the consumption of alcoholic liquor or illegal…”
Vill. of Glenview v. Zwick (Ill. App. Ct. 2005). “n action is found to be amount due and demand was made for amount claimed at least three days before the cause of action was filed); 740 ILCS 125/1 (West 2002) (if individual disappears of own volition and search ensues without his or her attempting to stop it, individual may be…”
Simons v. Homatas (Ill. 2010). “740 ILCS 58/5 (West 2008). -10- cited in Harris v.”
— 740 ILCS 58/5(b) — 1 case
Noll v. Miller, 2020 IL App (3d) 190174-U (Ill. App. Ct. 2020). “Count III claimed that Reed and Pam Roesler were liable for Noll’s injuries under section 5 of the Drug or Alcohol Impaired Minor Responsibility Act (Minor Responsibility Act) (740 ILCS 58/5 (West 2018)) for “willfully permitting the consumption of alcoholic liquor or illegal…”
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