When a drunk-driving accident happens, most people focus on the driver. But what if a bar, restaurant, or party host played a role in letting things get out of hand? In Michigan, dram-shop laws allow victims of drunk-driving crashes to hold alcohol-serving establishments legally accountable, particularly when such businesses overserve someone who later causes harm to others.
Let our Michigan car accident attorney discuss what dram-shop liability means and how it applies in the aftermath of a drunk-driving car accident. Understanding how dram-shop claims work can help you see the bigger picture when seeking justice after the incident. From knowing who can be held liable to what evidence you need, it’s important to act quickly and with the right legal guidance.
How Michigan Dram-Shop Liability Works
Under Michigan dram-shop law, if a licensed alcohol vendor serves alcohol to a minor or to someone who is visibly intoxicated, and that person later causes injury, wrongful death, or property damage, the establishment can be held partially or fully responsible for the resulting damages. The rule aims to stop reckless overservice before it puts you in a hospital bed.
The key term here is “visibly intoxicated,” and that’s not just someone who has had a few drinks. It refers to someone who shows clear signs of impairment, such as slurred speech, stumbling, glassy eyes, or inappropriate behavior. Eyewitnesses, security camera footage, receipts, and even expert analysis of blood alcohol content (BAC) can help show that an establishment ignored these clear signs of intoxication and chose to keep serving drinks.
However, dram-shop liability doesn’t eliminate the responsibility of the drunk driver. Instead, it works within the Michigan comparative fault system. That means fault can be shared between the driver and the bar or restaurant. For example, if the court finds that a bar is 40% at fault and the driver is 60% at fault, the bar would be responsible for 40% of the damages. If you’re the injured party and had no role in the crash, you can pursue a full personal injury claim against both.
Written Notice Requirement
If you plan to file a personal injury lawsuit against a bar, restaurant, or alcohol-serving business, Michigan law requires you to serve a written notice to the establishment within 120 days after entering into an attorney-client relationship to pursue a dram-shop claim. The notice must include the names and addresses of the parties involved, the time and date of the incident, and a description of the alleged wrongdoing.
Failure to give written notice within the specified time can prevent you from filing a claim at all, even if the evidence is strong. That’s why it’s critical to seek legal guidance from a competent Michigan car accident attorney as soon as possible after a crash involving a drunk driver. A local lawyer can guide you through the legal steps and help ensure you meet all the required deadlines.
Critical Evidence to Prove Overservice
Building a solid dram-shop liability case depends on substantial evidence. Proving that a bar or restaurant knowingly served someone who was visibly intoxicated requires clear and convincing documentation. The more evidence you have, the stronger your case. Here are the key pieces of evidence that can support a dram-shop claim in Michigan:
Point-of-Sale (POS) Receipts
Receipts from the POS system of the bar or restaurant can show how many drinks were served, when the drinks were served, and who served them. If someone consumed several alcoholic drinks in a short period of time, it could help establish that overservice occurred, especially if it was beyond what a reasonable person can safely handle.
Surveillance Footage
Security cameras in and around bars can capture valuable details. If footage shows the customer-driver stumbling, slurring words, or showing other signs of visible intoxication and still getting served, it strengthens your claim. However, the footage might be erased or recorded over in just a few days, so it’s critical to act fast.
Bartender and Staff Statements
Testimony from bartenders, servers, and other employees can either help or hurt your personal injury claim. If a bartender, for instance, admits serving someone despite signs of impairment, that’s a major win for your case. Even if such employees don’t admit fault, their recollections and inconsistencies might still support your version of events.
Toxicology and BAC
If the BAC of the drunk driver was tested after a Michigan car accident, toxicology experts could back-calculate the result to estimate the BAC at the time the person was still at the bar. The scientific analysis helps show that the person must have already been intoxicated while being served, adding weight to your dram-shop claim.
Expert Testimony
In many cases, other expert witnesses are brought in to explain how alcohol affects behavior and physical coordination. These experts can evaluate the timing and amount of drinks served and then compare that to known intoxication thresholds. Expert insight can help the court understand what the server should have recognized as clear signs of visible intoxication.
Combining Claims for Maximum Recovery
If you’ve been injured in a drunk-driving crash, you can pursue a claim against the drunk driver directly. The negligence of the at-fault driver is the foundation of your personal injury case. However, if the driver has limited insurance or no assets, recovering full damages can be difficult. A dram-shop liability claim can provide an additional source of compensation that you wouldn’t get from the driver alone.
Moreover, if the drunk driver has no insurance or not enough to cover your injuries, your own auto policy might help. Uninsured motorist (UM) or underinsured motorist (UIM) coverage kicks in when the at-fault party can’t fully compensate you. A skilled Michigan car accident attorney can assist you in filing a claim under your own policy while still pursuing the bar and the driver at the same time.
In some situations, another person might have given the intoxicated driver access to a vehicle, knowing the driver was too drunk or unfit to drive. That person can be held responsible and share the legal burden with the drunk driver under negligent entrustment. These claims can be filed alongside a dram-shop case, helping you access more of the compensation you’re entitled to.
Turn Alcohol-Service Negligence into Full Compensation—Call Shafer Swartz, PLC
If you or someone you love has been hurt in a drunk-driving crash, don’t overlook the role of the bar, restaurant, or store that might have overserved the driver. Michigan dram-shop laws exist to hold these establishments accountable if found to have contributed to the accident. But pursuing a dram-shop claim isn’t simple—you need evidence, fast action, and an experienced legal team who knows how to build a strong case from every angle.
Shafer Swartz PLC is here to help you seek the compensation you’re entitled to. Our seasoned Michigan car accident attorneys understand the challenges of proving dram-shop liability and know how to gather the critical evidence needed to secure a favorable outcome for your claim. Contact us today at (231) 722-2444 or here to schedule a consultation. Let us hold every responsible party accountable and get you every dollar you deserve.