The Dramshop Act can be found in The Michigan Liquor Control Code of 1998, MCL 436.1801(3)–(11), which permits a lawsuit against the organization that unlawfully served alcohol to an intoxicated person or a minor and injury, wrongful death or property damage occurred. The attorneys at Ford & Murphy PC have experience handling these matters and have seen far to many people killed or seriously injured due to the actions of bars and restaurants that have a Michigan liquor license.
These are very difficult cases to prove and require immediate investigation to determine what happened BEFORE the accident every occurred. The bar or restaurant must have provided alcohol to a visibly intoxicated person or minor before liability can attach. This has been defined as intoxication “apparent to an ordinary observer”. However, if it can be proven that a retailer furnished alcohol to a minor it is per se unlawful and visible intoxication does NOT need to be shown.
If your family member was killed after being unlawfully served by a bar or restaurant, unfortunately there is no dramshop remedy for them to recover under the Michigan statute. Only innocent third parties that are injured or killed by the allegedly intoxicated person (AIP) can recover damages in a lawsuit.