A Detailed Look at Michigan's Dram Shop Laws

Ever go to a bar and say, "What if one of these guys in here gets too drunk and causes a problem?" That is where the dram shop laws come into play. These laws impose liability on bars and restaurants when they serve alcohol to obviously intoxicated individuals who then cause injury to other people.

Michigan, the state shaped like a mitten, is known for its Great Lakes, car industry, and, of course, its nightlife. Vibrant scenes go from Detroit down to cozy pubs in Ann Arbor. There is no shortage of places where one may get a drink. This level of fun carries a big responsibility for those serving the drinks as well.

Sometimes, individuals may have one too many drinks and crash into someone. These are the cases that Michigan drunk driving lawyers will have to deal with. They will assist the victims in their quest for justice and help them get the compensation they deserve.

TopDog Law is a personal injury law firm experienced in handling drunk driving cases. Their team of experienced lawyers fight aggressively for their clients in pursuit of justice and fair compensation.

What are Dram Shop Laws?

Dram shop laws get their name from the "dram" in which alcohol was sold way back then. Today, these laws impose liability on bars, restaurants, and other alcohol-selling establishments if they serve someone who is clearly drunk and that person goes on to cause harm.

In Michigan, the dram shop law is part of the Liquor Control Code. It states that a business has liability in providing alcohol to a minor or a visibly intoxicated individual if the person goes on to cause injury, death, or damage to the property of another person.

How Do Michigan's Dram Shop Laws Work?

The Michigan dram shop laws are quite straightforward. If a bar overserves a patron who then goes on to injure another person, then that bar could be in a heap of trouble. The same goes for serving minors as well.

Here's the kicker: under this law, the injured individual does not sue the intoxicated person; they sue the establishment that served the alcohol. It's like saying, "Hey, you should've known better than to keep serving that person!"

Who Can Sue Under Dram Shop Laws?

In Michigan, the party injured by the actions of the intoxicated person would sue the bar or restaurant. Perhaps someone injured in a car accident caused by a drunk driver could sue, or even a person injured in a bar fight.

But here's the twist: the drunk person themselves can't sue the bar for their own injuries. The law does not allow one to blame others for the consequences of one's own excessive drinking.

Proving a Dram Shop Case

Success is not an easy thing when it comes to winning a dram shop case. For the plaintiff to be successful, they must be able to prove that:

• The bar served an individual with apparent visible intoxication.
• The actions of the intoxicated person were a direct cause of injury or damage sustained.
• Serving alcohol by the bar was a foreseeable cause of the injury.

Statute of Limitations and Notice Requirements

The statute of limitations for filing a dram shop lawsuit in Michigan is two years from the date of injury. However, this isn't the only timeframe you need to worry about. You are also required to serve a written notice on the bar within 120 days after retaining an attorney. This serves as notice of your intent to sue and allows them to investigate.

The Impact of Dram Shop Laws

These are not laws simply for the purpose of punishing bars, but rather to make our communities much safer. By making the bars responsible, the hope is that they then become more careful and do not serve too many drinks to each customer. Possibly, this would reduce accidents involving drunk driving along with other injuries related to alcohol consumption.

Final Thoughts

Michigan's dram shop laws are a reminder that serving drinks is a serious affair. It is important to understand these rules, be it a bar owner, a patron of said bar, or anyone interested in the law.