Liability, Penalties, and Server Responsibilities
Dramshop and penalties
Michigan’s dramshop statute, MCL 436.1801, allows an injured person to sue a licensee that sold or furnished alcohol to a visibly intoxicated person or a minor who then caused injury or damage. The plaintiff must generally give written notice within 120 days and file within the 2-year statute of limitations. Criminal exposure is separate: selling to a minor is a misdemeanor under MCL 436.1701, and the MLCC can suspend, revoke, or fine the license. A server can also face personal criminal charges and employment consequences.
Server responsibilities
- Verify age with acceptable ID.
- Refuse visibly intoxicated patrons and minors.
- Document refusals and incidents.
- Notify the manager and cooperate with MLCC or police investigations.
- Never accept a bribe or “look the other way.”
Worked example
A bartender serves three doubles to a patron who is stumbling. The patron drives and injures someone. The injured party’s lawyer serves written notice on the bar within 120 days. The bar may be liable because it sold to a visibly intoxicated person. The bartender’s “he seemed fine” note is weak if other staff saw the stumbling. Good documentation of the behavior and refusal - if service had been refused - would be stronger.
Traps
- Thinking only the bar can be penalized; employees can face charges.
- Missing the 120-day dramshop notice point.
- Assuming a valid ID check protects against a dramshop claim; it does not cure serving a visibly intoxicated person.
- Failing to document events contemporaneously.