When someone drinks too much at a bar or restaurant and then causes a car accident, Michigan allows victims to hold the establishment accountable. These laws attempt to prevent over-serving alcohol—and to provide a way to recover money when a business contributes to a drunk driving incident.
What Michigan Dram Shop Law Covers
Michigan’s dram shop law allows a person injured by a drunk driver to file a civil lawsuit against the bar, restaurant, or other establishment that served the alcohol. The law applies when the establishment either knowingly served someone who was visibly intoxicated or provided alcohol to someone under the legal drinking age. If the business’s actions helped create the risk of harm, it can be held financially liable for injuries and damage resulting from the drunk driving incident.
Who Can Be Held Responsible?
Bars, restaurants, clubs, and other places that sell alcohol can be held liable under dram shop laws. Liability isn’t limited to the server who poured the drink. The owner or operator of the business can also face a civil claim if they allowed over-serving or failed to prevent underage drinking.
Dram shop claims can arise from several common scenarios:
- A bar continues to serve a visibly intoxicated customer who later causes a car accident.
- A restaurant serves alcohol to a minor who drives drunk and injures someone.
- A party or private event hosted at a licensed establishment leads to over-service, resulting in a crash.
Businesses that follow responsible service policies, like refusing service to someone who is clearly intoxicated, reduce their risk of liability. Generally, personal injury claims seek compensation from the person who caused the accident—but liability can still extend to other parties, like bars and restaurants.
How To Prove a Dram Shop Claim in Michigan
To succeed in a dram shop lawsuit, you must prove:
- The establishment served alcohol to the person who caused the accident (defendant).
- The defendant was visibly intoxicated or underage at the time of service.
- The intoxicated person’s actions directly caused the accident or injury.
- You suffered injuries or losses from the accident.
Your attorney may use evidence like witness statements, security camera footage, receipts, or testimony from the staff and patrons. Medical records and police reports can show the full extent of your injuries and that alcohol was involved.
Types of Damages You May Recover
If a dram shop lawsuit is successful, your damages (compensation) may cover medical expenses, lost wages, pain and suffering, and property damage. In some cases, you could obtain punitive damages if the establishment’s conduct was particularly reckless.
Because Michigan dram shop cases are civil matters, the focus is on compensating victims rather than punishing the intoxicated driver. This means you may be entitled to pursue recovery from the business in addition to any claims you may have against the driver’s insurance.
Time Limits and Legal Considerations
Michigan law imposes a statute of limitations on dram shop claims. You generally have only two years from the date of the accident to file a lawsuit against the parties that harmed you. More importantly, acting right away helps preserve evidence and secure witness testimony, which strengthens your case.
It’s also important to understand that these cases can involve complex issues, such as comparing fault between the driver and the establishment. Michigan follows a comparative negligence standard, which means your compensation may be reduced if you share some responsibility for the accident.
Work With an Experienced Personal Injury Lawyer in Michigan
If you were injured by a drunk driver who had been served alcohol at a bar or restaurant, a dram shop claim could provide a way to hold the business accountable and recover compensation for your injuries. The Mastromarco Firm can gather the necessary evidence and pursue your claim under Michigan’s dram shop statute. Contact our law firm today to learn more.