Hit by a Drunk Driver: What is a Michigan Dramshop Personal Injury Claim?
Under the Michigan Liquor Control Code of 1998, also known as the Dramshop Act, if a person that’s visibly intoxicated has injured you, then you can collect from the licensed establishment that over-served them. According to the Dramshop Act:
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.
But what does that all mean? Essentially, if you are hit by a drunk driver that’s just left a bar, and they’ve clearly been over-served and are visibly intoxicated, then the bar can be personally named in a lawsuit.
Because as part of their liquor license agreement the bar agrees not to over-serve their patrons, it’s quid pro quo for being able to sell alcohol in this state.
Visible intoxication means intoxication that’s apparent to an ordinary observer.
So, Goodwin and Scieszka wishes to remind you that if a drunk diver hits you in Detroit, or the surrounding Metro Detroit areas, then you might be able to collect from the person that served them.
The benefit is that these establishments generally have more money than the person that hit you.
We would also like to remind all Michigan drivers to drive above the influence.
Did you know that almost 1/3 of all traffic deaths in this country are a product of people driving while intoxicated? That’s a staggering statistic, and these incidents affect entire communities of people.
So please, in an effort to reduce the very injuries that we defend, as summer winds down, if you’ve had too many drinks, then call a cab, walk, or call a friend, but stay out of the driver’s seat.
We’ve been defending Detroit, Michigan drunk driving accidents for over 30 years, and if you’ve been injured as a result of someone else’s negligence, then our firm is here for you.