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Victims of Michigan drunk driving accidents have a number of legal rights to seek compensation if injured by a drunk driver. Our Michigan drunk driving accident lawyers frequently pursue cases against not only the drunk driver, but also against the bar, restaurant, store, or place that served the person alcohol prior to the accident. These lawsuits hold the person or business accountable for serving alcohol to an intoxicated person.
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.
Our Michigan drunk driving accident lawyers will represent you in your case under our NO FEE PROMISE. This means that you will not be charged any legal fees whatsoever unless we obtain a settlement or recovery for you. You have absolutely no obligation for legal fees unless we win your case. If we do not obtain a settlement for you, you owe us nothing!
If you would like more information about your legal rights after a Michigan drunk driving accident injury, you can order our FREE book, "The Michigan Drunk Driving Accident Handbook" by Michigan lawyer Daniel L. Buckfire. The book serves as a guide to victims of Michigan drunk driving accidents on their legal rights. Our book sells for $14.95 on Amazon but Daniel will send it to you for FREE.
The law changes frequently in matters related to drunk driving and dram shop cases. That makes it essential to contact a knowledgeable lawyer who stays up to date with evolving law. If you have been injured by a drunk driver, contact the Michigan accident law firm that focuses on dram shop cases.
Call us now at (800) 606-1717. Our Michigan drunk driving accident attorneys and investigators will start working on your case immediately and begin gathering the witness statements and evidence to prove and win your case.
Can I Sue for a Michigan Drunk Driving Accident?
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