Dram shop laws are considered as an extra level of protection for the people in Michigan. Individuals who open a liquor business must be able to protect minors and drunk individuals who are on their own premises.
Here at Haque Legal, we aim to make sure that we provide you with the right kind of information that you need about how you can protect yourself and your business. With that, this article aims to provide information on potential dram shop liability that business owners must know more about.
In this second article, let us look at the application of dram shop liability.
Who is liable under the dram shop law in Michigan?
Michigan’s dram shop law applies to alcohol vendors. This general term covers only those who sell alcohol or whose business involves the selling of alcohol. This would include bars, restaurants, shops, liquor stores, convenience stores, and others.
What is included in the dram shop law?
Generally, the dram shop law includes injuries sustained by the individual while drunk. This would include an auto accident, injuries on the dance floor at the bar or restaurant, or any bar fight where one of the parties is visibly drunk and the bartender or owner of the establishment failed to cut off the individual from drinking.
If a car accident was involved, please reach out to our Southfield car accident lawyers today.
Does it include the owner of the house at a party?
Generally, no. There is no dram shop liability for the owner of the house at a party. In case of a fall, the case may fall under a slip and fall case which we also handle but it will not be covered under the dram shop law.
When is the owner of the house liable under the dram shop law?
There is only one instance when the owner of the house or the host of the party may be held liable for injuries sustained at his parties. This would include instances when the party injured is a minor or under the age of 21.
Can I claim for all damages under the Michigan Dram Shop Law?
No, the main intention of the dram shop claim is for compensation as to the expenses that are incurred by the party involved. The injury must be related to the loss and the harm resulting from alcohol-related accidents and injuries.
What are the common types of damages?
The following are the common types of damages that are related to the Michigan Dram Shop:
- Lost wages and benefits as a result of recuperating for the injury;
- A damaged or destroyed property;
- Hospital bills and other medical expenses related to the injury; and
- Pain and suffering may be assessed by the court.
The payment for the damages must be determined by the court. Without court determination, the parties may only settle on the amount of the actual damages or the economic damages. But, if you are only the shop owner being sued for dram shop liability, you should never settle without getting a lawyer involved. You may not even be liable for the dram shop liability in the first place and are being sued for nothing. Keep this in mind and call us when the need arises.
Is there a time limit to the filing of the civil lawsuit?
Yes, there is a time limit to the filing of the civil lawsuit. A dram shop claim must only be filed with the time limits imposed by the State’s Statute of Limitations. While you may only file the dram shop claim within two years from the time of the injury, the negligence claims are subject to the three-year statute of limitations.
When am I not liable under the dram shop law?
Generally, you are only liable under the dram shop law when the drinking of the individual who caused the accident or injury is the fact that you continued selling liquor to the person who is under 21 or is visibly drunk.
The prosecution must prove that it is the drinking that is the proximate cause of the accident that caused the injuries. It is important to make sure that you have all that the defense in the world when it comes to a dram shop liability lawsuit.
Most of the clients that we have managed relating to the dram shop liability felt that it is unfair to assume that they are liable for the accident when they only sold liquor to the person who caused the accident.
Here, as long as you can show proof that you did what you can do and that you stopped the person from continuously drinking and/or driving, you would be relieved from your liability. The best defense is innocence but the better defense is having a good lawyer by your side.
At Haque Legal, we make sure that you have everything that you need in terms of fighting a dram shop liability lawsuit. We have handled hundreds of cases relating to the dram shop liability and we get how frustrating it can get.
Contact Your Lawyer Today
If you have a problem relating to dram shop liability in Michigan that you need assistance with, you should contact us today. A lawyer can help you get started with your defense. A Southfield personal injury lawyer at Haque Legal will see to it that your needs are met from beginning to the end of the proceedings. You are always in good hands with Haque Legal and what it has to offer.
The article that you have read is based on general applications of the law. It is not legal advice and it is not to be construed as any legal consultation with the firm. No client-attorney relationship is created when you read the articles we have provided.
Let us help you out.
If you are having trouble with parties relating to dram shop liability, call us immediately. If you have any problem with the law or are seeking justice and truth, our Southfield criminal justice attorneys are standing by to take your call.