Accountability at the Source
Drunk driving accidents are among the most devastating cases we handle. The anger is palpable because the accident was 100% preventable. While the criminal justice system deals with the driver, the civil justice system looks at who else contributed to the disaster.
In Michigan, businesses that sell alcohol have a legal responsibility not to serve minors and not to serve individuals who are already "visibly intoxicated." If they fail in this duty, and that customer drives away and hurts someone, the business can be sued under the Dram Shop Act (MCL 436.1801).
The "Visible Intoxication" Standard
This is the hardest part of the case. It is not enough to prove the driver was legally drunk (0.08 BAC) at the time of the crash. We must prove that when they were served their last drink at the bar, they were showing visible signs of drunkenness.
We look for evidence of:
- Slurred speech.
- Stumbling or poor balance.
- Aggressive behavior.
- Spilling drinks or fumbling with money.
- Glassy or bloodshot eyes.
If a bartender sees these signs and pours another shot, they are breaking the law and endangering the public.
Evidence Disappears Fast
Dram Shop cases are forensic puzzles. The bar will almost always deny the driver looked drunk. They will say, "He seemed fine when he left." To win, we need hard evidence, and we need it fast.
1. Security Footage: Most bars have cameras. But they often record over the footage every 7 to 30 days. If we don't send a preservation letter immediately, the evidence of the driver stumbling off a barstool is gone forever.
2. Receipts and Tabs: We analyze the timestamp on the receipts. If a customer bought 6 drinks in 90 minutes, it is scientifically impossible for them not to be visibly impaired.
3. Witness Interviews: We talk to other patrons, servers, and bouncers. Often, former employees are willing to speak up about a bar's lax policies on over-serving.
The Strict Notice Requirement
Michigan law protects bars with a very strict "Notice Requirement." You must formally notify the bar that you intend to sue them within 120 days of hiring an attorney. If you miss this window, your case is thrown out.
This is why you cannot wait to hire a lawyer after a drunk driving crash. If you wait six months to "see how you heal," you might accidentally forfeit your right to hold the establishment accountable. At Shiraz Law Firm, we investigate the source of the alcohol on Day One.
