Dram Shop Liability Complaint - Michigan

DRAM SHOP LIABILITY COMPLAINT

State of Michigan

TABLE OF CONTENTS

1. Caption
2. Pre-Suit Notice Compliance (MCL § 436.1801(3))
3. Jurisdiction and Venue
4. Parties
5. Factual Allegations
6. Count I — Statutory Dramshop Liability (MCL § 436.1801)
7. Count II — Service to a Minor
8. Damages
9. Jury Demand
10. Prayer for Relief
11. Verification
12. Michigan-Specific Practice Notes

1. CAPTION

IN THE CIRCUIT COURT FOR THE COUNTY OF [________________________________]
STATE OF MICHIGAN

CASE NO. [________________________________]

COMPLAINT — DRAMSHOP LIABILITY
(MCL § 436.1801)

2. PRE-SUIT NOTICE COMPLIANCE (MCL § 436.1801(3))

1. Plaintiff retained counsel for this dram shop claim on [__/__/____].

2. On [__/__/____], within 120 days of retaining counsel, Plaintiff served written notice on all Defendants in compliance with MCL § 436.1801(3), which notice included:

☐ The name of the plaintiff
☐ The date, time, and place of the occurrence
☐ The name of the establishment and intoxicated person
☐ The nature of the injuries claimed
☐ The basis for the dram shop claim

3. [Alternatively: Plaintiff was unable to provide notice within 120 days because the potential liability of Defendant Establishment could not reasonably have been known within that period, specifically: [________________________________].]

3. JURISDICTION AND VENUE

4. This Court has jurisdiction over this matter pursuant to MCL § 600.605.

5. Venue is proper in [________________________________] County pursuant to MCL § 600.1629 because [the cause of action arose / defendant's principal place of business is located] in this county.

4. PARTIES

Plaintiff:

6. Plaintiff [PLAINTIFF NAME] is an individual residing at [________________________________], [________________________________] County, Michigan [____].

7. [If wrongful death: Plaintiff is the [personal representative / surviving spouse / dependent] of [DECEDENT NAME], and brings this action pursuant to MCL § 600.2922.]

Defendants:

8. Defendant [DEFENDANT ESTABLISHMENT NAME] (hereinafter "Defendant Establishment") is a [corporation / LLC / partnership] organized under the laws of [________________________________], with its principal place of business at [________________________________], Michigan [____].

9. Defendant Establishment holds Michigan Liquor Control Commission License No. [________________________________].

10. Defendant [INTOXICATED PERSON NAME] (hereinafter "Intoxicated Person") is an individual residing at [________________________________], Michigan [____].

11. Intoxicated Person is named and retained as a party defendant in compliance with MCL § 436.1801(5).

5. FACTUAL ALLEGATIONS

12. On or about [__/__/____], at approximately [____] [a.m./p.m.], Intoxicated Person entered Defendant Establishment's premises at [________________________________].

13. Defendant Establishment's employees served Intoxicated Person approximately [____] alcoholic beverages over approximately [____] hours.

14. At the time of continued service, Intoxicated Person was visibly intoxicated, exhibiting the following observable signs:

☐ Slurred speech
☐ Unsteady gait, stumbling, or swaying
☐ Glassy, bloodshot, or unfocused eyes
☐ Aggressive, belligerent, or loud behavior
☐ Difficulty with fine motor tasks (handling money, signing receipts)
☐ Loss of balance or coordination
☐ Drowsiness or passing out
☐ Other observable signs: [________________________________]

15. Defendant Establishment was the last server of alcohol to Intoxicated Person prior to the incident giving rise to this action.

16. [If minor: Intoxicated Person was [____] years old, under the legal drinking age of twenty-one (21). Defendant Establishment failed to request or verify valid identification.]

17. After departing Defendant Establishment at approximately [____] [a.m./p.m.], Intoxicated Person operated a motor vehicle [or describe conduct] on [________________________________].

18. At approximately [____] [a.m./p.m.], Intoxicated Person caused [describe incident] at or near [________________________________], resulting in injury to Plaintiff.

6. COUNT I — STATUTORY DRAMSHOP LIABILITY (MCL § 436.1801)

19. Plaintiff incorporates by reference all preceding paragraphs.

20. Pursuant to MCL § 436.1801(1), a retail licensee who sells alcoholic liquor to a minor or to a visibly intoxicated person is liable for damages proximately caused by the unlawful sale.

21. Defendant Establishment, a licensed retail seller of alcoholic liquor, served alcoholic beverages to Intoxicated Person at a time when Intoxicated Person was visibly intoxicated.

22. The sale was unlawful under the Michigan Liquor Control Code.

23. Defendant Establishment's unlawful sale was a proximate cause of the incident that injured Plaintiff.

24. Plaintiff is entitled to recover actual damages, which shall be not less than $50.00, pursuant to MCL § 436.1801(1).

7. COUNT II — SERVICE TO A MINOR

25. Plaintiff incorporates by reference all preceding paragraphs.

26. Defendant Establishment sold or served alcoholic liquor to Intoxicated Person, a minor, in violation of MCL § 436.1701.

27. Defendant Establishment did not exercise the good-faith identification defense available under the statute.

28. The unlawful sale to a minor was a proximate cause of Plaintiff's injuries.

8. DAMAGES

29. As a direct and proximate result of Defendant Establishment's unlawful service, Plaintiff has suffered the following actual damages:

(a) Medical expenses — past and future — in the amount of $[________________________________]

(b) Lost wages and earning capacity in the amount of $[________________________________]

(c) Pain and suffering — past and future

(d) Mental anguish and emotional distress

(e) Loss of consortium [if applicable]

(f) Property damage in the amount of $[________________________________]

(g) [If wrongful death: Funeral and burial expenses; loss of society, companionship, and financial support]

(h) Minimum statutory damages of $50.00 pursuant to MCL § 436.1801(1)

9. JURY DEMAND

30. Plaintiff will file a separate written jury demand and pay the jury fee within the time required by MCR 2.508(B)(1). This Complaint alone is not the jury demand.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in Plaintiff's favor and against Defendants as follows:

(a) Actual compensatory damages in an amount to be determined at trial, but not less than $50.00;

(b) Pre-judgment and post-judgment interest;

(c) Costs of this action and reasonable attorney's fees where permitted;

(d) Such other and further relief as this Court deems just and equitable.

11. VERIFICATION

I, [PLAINTIFF NAME], verify under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge, information, and belief.

Signature: ________________________________________

Date: [__/__/____]

Respectfully submitted,

________________________________________
[ATTORNEY NAME], Esq.
[FIRM NAME]
[ADDRESS]
[CITY], Michigan [____]
Telephone: [________________________________]
Email: [________________________________]
Michigan Bar No. P[________________________________]

Counsel for Plaintiff

12. MICHIGAN-SPECIFIC PRACTICE NOTES

MANDATORY 120-Day Notice (MCL § 436.1801(3)):

• Written notice to all defendants within 120 days after retaining counsel
• Failure to provide notice is grounds for dismissal
• Exception: if liability could not reasonably have been known within the 120-day period

Name-and-Retain Requirement:

• Plaintiff MUST name and retain the intoxicated person as a defendant (MCL § 436.1801(5))

Visible Intoxication Standard:

• Must be proven through OBSERVABLE signs — BAC alone is NOT sufficient
• Reed v. Breton, 475 Mich 531, 718 NW2d 770 (2006)

Last-Server Presumption:

• Rebuttable presumption protects all servers EXCEPT the last one
• If multiple establishments served the person, identify the last server

Exclusive Remedy:

• Statutory cause of action is the EXCLUSIVE remedy against licensees
• Common law negligence claims against licensees are NOT recognized

Social Host Liability:

• NOT liable for serving adults
• Common law liability may exist for furnishing alcohol to minors

Minimum Damages:

• Statutory minimum of $50.00

Comparative Fault:

• Modified comparative fault applies
• Noneconomic damages barred if plaintiff fault > 50%

Statute of Limitations:

• 2 years from the date of injury or death

Good-Faith ID Defense:

• Available to licensees who reasonably relied on a valid form of ID when serving a minor

Indemnification:

• Licensees have full indemnification rights against the intoxicated person

Key Case Law:

• Reed v. Breton, 475 Mich 531, 718 NW2d 770 (2006)
• Millross v. Plum Hollow Golf Club, 429 Mich 178, 413 NW2d 17 (1987)

This template is provided for informational purposes only and does not constitute legal advice. Michigan's 120-day notice requirement and name-and-retain rule are strictly enforced. An attorney licensed in Michigan should review all filings before submission. Last updated: 2026-04-03.