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Name and Retain Requirement

The State of Michigan has specific laws dealing with lawsuits against businesses that sell alcohol to the public when that sale results in the personal injury, death, or property damage to another. This law is commonly known as the Dram Shop Act. The law can be found at MCL 436.1801. The law states in pertinent part that:

(2) A retail licensee shall not directly, individually,

or by a clerk, agent, or servant sell, furnish, or

give alcoholic liquor to a minor except as

otherwise provided in this Act. A retail

licensee shall not directly or indirectly,

individually or by a clerk, agent, or servant sell,

furnish, or give alcoholic liquor to a person who

is visibly intoxicated.

(3) Except as otherwise provided in this Section,

an individual who suffers damage or who is

personally injured by a minor or visibly

intoxicated by reason of the unlawful selling,

giving, or furnishing of alcoholic liquor to the

minor or visibly intoxicated person, if the

unlawful sale is proven to be a proximate cause

of the damage, injury, death, or the spouse,

child, parent, or guardian of that individual

shall have a right of action in his or her name

against the person who by selling, giving,

or furnishing the alcoholic liquor has caused

or contributed to the intoxication of the person

or who has caused or contributed to the damage,

injury, or death.

The Dram Shop Act, like many other laws in Michigan, has several pitfalls that must be avoided to pursue such an action. First, a Dram Shop Case must be brought by the person who suffered the personal injury or death within two years after the personal injury or death. Second, a Plaintiff seeking damage under the DRAM Shop Law shall give written notice to all Defendants within 120 days after the entering an attorney/client relationship for the purpose of pursuing a claim under the Dram Shop Act. The failure to give the required written notice within the time specified is grounds for dismissal of the claim to any Defendant who did not receive the required notice unless sufficient information for determining that a retail licensee might be liable under the Section, was not known and could not reasonably have been known within the 120 days. Id. @ Section 4.

In addition to the statute of limitations and “name and retain” provisions of the DRAM Shop Act, practitioners must also insure that the minor or allegedly intoxicated person is named as a party Defendant in any lawsuit and must be retained in that lawsuit “until the litigation is concluded by trial or settlement.” Id. @ Paragraph (5)

Failure to “retain” the minor or allegedly intoxicated person in litigation to its conclusion will result in dismissal of the retail establishment.

The importance of retaining an attorney who is knowledgeable in Dram Shop Cases cannot be underestimated. Timely retention of an attorney who will do necessary investigation into all potentially liable parties is essential to preserve all of your rights in a Dram Shop Case. Failure to comply with the rules regarding the statute of limitations for a Dram Shop Case, the naming of the proper Defendants or retaining the individual Defendants for the entirety of the litigation will likely result in dismissal of your claim.

Please contact our experienced attorneys to discuss a potential claim for a Michigan personal injury to discuss the Dram Shop.

DO I HAVE A DRAM SHOP CASE?

1-800-606-1717

We represent Michigan personal injury clients in Detroit, Southfield, Pontiac, Troy, Warren, Grand Rapids, Muskegon, Lansing, East Lansing, Battle Creek, Kalamazoo, Bloomfield Hills, West Bloomfield, Farmington Hills, Rochester, Auburn Hills, Clarkston, Birmingham, Ferndale, Flint, Novi, Pontiac, Troy, Saginaw, Sterling Heights, Waterford, Wayne, Dearborn, Westland, Canton, Monroe, Ann Arbor, Mount Clemens, Livonia, Grayling, Grosse Pointe, St. Clair Shores, Brighton, Adrian, Allen Park, Clinton, Hamtramck, Northville, Garden City, Southgate, Harrison, Holland, Inkster, Allen Park, Belleville, Jackson, Madison Heights, Mount Pleasant, Oak Park, Okemos, Plymouth, Redford, Roseville, Romulus, Taylor, Wyandotte, Wyoming, Traverse City, Ypsilanti, Bad Axe, Northern Michigan, as well as residents of Wayne County, Kent County, Oakland County, Macomb County, Washtenaw County, Genesee County, Huron County, St. Clair County, Monroe County, Ingham County, Saginaw County, Livingston County, Lenawee County and all other Michigan counties.

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Southfield, MI 48075

Toll Free: (800) 606-1717
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My husband died when a truck left the roadway and struck him. He was off the shoulder of the roadway helping another motorist pull his car out of a snow bank The work that they did helped me settle my Michigan wrongful death case for $1,600,000.00. Their knowledge of law was second to none and they hired the best experts to prove my case.

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Michigan Car Accident Lawyers

$1,375,000 - Detroit, Michigan car accident settlement for paralyzed

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Michigan Slip and Fall Lawyers

$1,425,000 - Detroit slip and fall brain injury jury verdict

$125,000 slip and fall on wet floor with no warning sign

Michigan Slip on Ice Settlement

Michigan Dog Bite Lawyers

$55,000 - Troy, Michigan dog bite settlement

$225,000- Michigan Dog Bite Injury Settlement

Michigan Dog Bite Settlement

Child Lead Poisoning

$250,000 - Detroit lead poisoning arbitration award

$450,000 - Ohio lead poisoning settlement

$200,000 - settlement for a teenage girl who suffered lead poisoning at a rental property

Michigan Wrongful Death Cases

$1,600,000 - Michigan Wrongful death car accident

$850,000 - Detroit wrongful death drowning settlement

$150,000 Flint carbon monoxide death settlement

Michigan No-Fault Insurance Lawyers

$375,000 Michigan No-Fault Insurance settlement

$150,000 Detroit car accident Allstate insurance lawyer jury verdict

$150,000 - Oakland County auto insurance policy settlement

Michigan Motorcycle Accident Lawyers

$1,100,000 Detroit, Michigan Motorcycle Accident Settlement

$5,000,000 Detroit, Michigan Motorcycle Accident Judgment

$500,000 Michigan motorcycle accident injury insurance benefits

$175,000 Michigan medical malpractice drowning settlement

$225,000 - Michigan knee replacement

Products Liability

$1,200,000 - Michigan products liability settlement for a client whose hands were crushed in a press on the job

$125,000 - Detroit eye injuries due to chemical burns drain cleaner

$125,000 drain cleaner burn injuries

Governmental Liability

$75,000 -Detroit trip and fall on broken City of Detroit sidewalk

$250,000 Jackson Michigan defective roadway

$465,000 - Southgate Michigan sexual assault settlement

Other

$100,000 Michigan burn Injury settlement

$90,000.00-Michigan carbon monoxide poisoning

Michigan Car Accident Lawyers

I was injured in a Michigan car accident by a driver who did not have insurance. Can I file an uninsured motorists claim?
What kind of settlement am I entitled to if I am injured in a Michigan car accident?
Who must pay for the damage to my car and for repairs if I am in a Michigan car accident?

Michigan Slip and Fall Lawyers

I slipped and fell due to a slippery aisle in a Dearborn grocery store and was hurt. Can I sue the store?
I fell on a broken sidewalk in the City of Detroit and fractured my wrist. It required surgery. Do I have claim against the city where this happened?
I was visiting a friend's house in Warren and fell due to a broken step on the front porch. I suffered a broken ankle and had surgery. Can I file a claim against his homeowner's insurance policy?

Michigan Dog Bite Lawyers

My daughter was attacked by a neighbor's dog and was bitten in the facein Livonia . I have heard about dog bite cases and want to know if the owner of the dog responsible?
Who pays the settlement for my Michigan dog bite case?
Can a mailman sue a homeowner on his route for a dog bite attack in Michigan?

Child Lead Poisoning

My child was lead poisoned in an old Detroit rental home due peeling paint inside and outside the house. Does he have case?

Michigan Carbon Monoxide Poisoning Lawyers

I suffered carbon monoxide poisoning at my Ann Arbor apartment due to a defective furnace. Can I sue the apartment complex for my injuries?

Food Poisoning

I dined at an Ann Arbor restaurant and became very ill just a few hours later. The emergency room doctor diagnised me with food poisoning and said it came from a restaurant. Do I have a food poisoning claim against the restaurant?
I suffered salmonella food poisoning after eating at a Lansing restaurant. I was hospitalized and incurred significant medical expenses. I also missed time from work. Can I file a lawsuit against the restaurant?
Can I file a claim for the Kroger beef E. coli outbreak?

Michigan Wrongful Death Cases

Who is allowed to file a Michigan lawsuit if a relative dies due to someone else’s negligence?
Who can file a Michigan wrongful death lawsuit relating to a fatal car accident in Detroit?
Can I get my lost wages paid if I was injured in a Michigan car accident?

Michigan No-Fault Insurance Lawyers

I was injured in a Michigan car accident and need someone to care for me while I recover. Does my insurance company have to pay for this service?
My Michigan car insurance company sent me to one of their doctors and then cut off my benefits. I still need treatment and cannot work. What can I do?
Does my Michigan auto insurance company pay my medical bills if I am injured in a Michigan car accident?

Michigan Motorcycle Accident Lawyers

I was in a Michigan motorcycle accident in Detroit while riding my bike when I was struck by a car. My hospital bills were over $30,000.00. Do I have to pay that out of my own pocket?
I was in a motorcycle accident in Flint, Michigan and suffered a knee injury that required ACL surgery. Can I receive Michigan No-Fault insurance benefits for my medical bills and lost wages?
I suffered a closed head injury and torn rotator cuff in a motorcycle accident in Lansing. I was forced off of the road by a semi-tractor trailer. Can I still make a claim for No-Fault insurance benefits, like medical bills and attendant care services even if there was no contact with the truck?

Michigan Truck Accident Lawyers

I was injured in a semi-tractor trailer truck accident in Michigan. Can I sue the truck driver and trucking company?
Can I sue a truck driver for negligent driving when he crossed over the center line of the highway and crashed into my car?
My husband suffered a spinal cord injury in a Michigan truck accident on I-94 near Port Huron when a semi-tractor trailer jacknifed and collided with his car. Can he sue the truck driver?

Michigan Bus Accident Lawyers

I was a passenger on a charter bus in Michigan and the bus driver fell asleep. He caused an accident and I suffered a serious neck injury. Can I sue for this Michigan charter bus accident?

Brain Injuries

I was diagnosed with a closed head injury in a Michigan car accident. I would like to sue the other driver who caused the accident to compensate me for my injuries. Even though Michigan is a no-fault state, can I still sue him?
Does the auto no-fault insurance company have to pay for brain injury treatment for a person who suffers a closed head injury in a Michigan car accident?
How do I find the best brain injury lawyer in Michigan for my car accident case?

Michigan Defective Road Lawyers

Can I sue the highway commission if I suffered injuries due to a pothole in the roadway while driving my car on I-75 in Michigan?

Michigan Medical Malpractice Lawyers

My son had bacterial meningitis which was misdiagnosed at the hospital. Can I bring a case against the emergency room doctor for the misdiagnosis of the condition?
My father was the victim of medical malpractice at a VA Hospital. Can he file suit against the Veterans Administration?
Can I sue a Michigan hospital if they made a medication mistake by giving me the wrong dose during my admission and it caused me to serious medical problems?

Nursing Home Abuse and Neglect

Michigan Birth Injury Lawyers / Cerebral Palsy Cases

My baby has cerebral palsy due to a medical mistake during her delivery and she will need special care for her lifetime. Can I sue the Detroit hospital to pay for this care and her special needs?
Can I sue a hospital if my child was born with a birth defect because the hospital and doctors made medical mistakes during the delivery?