When an impaired driver causes a crash that injures or kills someone in Macomb, Wayne, or Oakland County, legal responsibility may extend beyond the driver in certain circumstances. Michigan law allows some injured people and families to pursue a civil claim against a licensed alcohol seller that unlawfully furnished alcohol to a minor or visibly intoxicated person.

What Michigan’s Dram Shop Law Says

Michigan’s dram shop liability provision is codified at MCL 436.1801, part of the Michigan Liquor Control Code of 1998. Under MCL 436.1801(2), an individual who suffers damage or is personally injured by a minor or a visibly intoxicated person, by reason of the unlawful selling, giving, or furnishing of alcoholic liquor to that minor or visibly intoxicated person, has a right of action against the person or establishment that provided the alcohol if the unlawful sale is proven to be a proximate cause of the damage, injury, or death.

The statute also provides a right of action to the spouse, child, parent, or guardian of a person injured or killed as a result of such unlawful service.

When a Dram Shop Claim May Apply

A dram shop claim may arise in two specific circumstances under MCL 436.1801: when a licensee sold or furnished alcohol to a minor, or when a licensee sold or furnished alcohol to a visibly intoxicated person. Both situations are prohibited under the Michigan Liquor Control Code. The critical legal question is whether the unlawful sale was a proximate cause of the crash and resulting harm.

In a claim involving the unlawful sale of alcohol to a minor, a retail licensee may have a defense if it proves that it demanded and was shown a facially valid Michigan driver’s license or official state identification card showing that the purchaser was at least 21. Claims involving service to an adult instead focus in part on whether the person was visibly intoxicated when the alcohol was furnished.

What the Statute Provides as the Exclusive Remedy

Under MCL 436.1801(9), this section provides the exclusive remedy for money damages against a licensee arising out of the selling, giving, or furnishing of alcoholic liquor to a minor or intoxicated person. This means that claims against an alcohol-serving establishment for injuries caused by an intoxicated patron generally must be pursued under the dram shop statute rather than through a separate general negligence theory based on the furnishing of alcohol.

Dram Shop Claims Have Special Procedural Requirements

Michigan’s dram shop statute contains specific requirements that can affect a claim. An action generally must be filed within two years after the injury or death. The statute also requires written notice to defendants within 120 days after an attorney-client relationship is established for the purpose of pursuing a dram shop claim, subject to a limited exception described in the statute.

In an action against a retail licensee, the minor or allegedly intoxicated person generally must also be named as a defendant and retained in the action until the litigation concludes by trial or settlement. These requirements make it important to evaluate a potential dram shop claim promptly.

What This Means After a Crash

When a driver who caused a crash was served alcohol at a licensed establishment before the collision, the circumstances of that service may be legally significant. Evidence such as receipts, surveillance footage from the establishment, witness accounts, and evidence concerning the driver’s alcohol consumption may be relevant when evaluating whether a dram shop claim exists.

A dram shop claim involves legal issues in addition to those arising from the impaired driver’s conduct. Michigan law generally requires the allegedly intoxicated person to be named and retained as a defendant when a dram shop action is brought against a retail licensee. An attorney can evaluate the potentially responsible parties and determine what claims may be available based on the circumstances.

If you were injured by an impaired driver in Macomb, Wayne, or Oakland County and believe alcohol was served to that driver at a licensed establishment before the crash, our team may be able to help evaluate your legal options. To speak with a Michigan personal injury attorney, contact us today.

Source: MCL 436.1801