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Know The Law: Dram Shop Law - YouTube
Channel: FOX 17 Morning Mix
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[Music]
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with the thanksgiving holiday this week
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is usually typically one of the biggest
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bar weeks of the year and to help make
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sure we keep everything safe for
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everyone it might be a good time to get
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a refresher on michigan's dram shop law
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if you're wondering what is the dram
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shop law what is that concept well to
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break it down tom sinus from sinus james
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law firm joins us hi tom hi todd thanks
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for having me absolutely our pleasure so
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clue us in what is this concept behind
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the dram shop law
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so that's an old term an old legal term
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dram shop law we don't actually use that
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as the official legal term anymore
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because we have a state statute that
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governs governs what we call retail
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licensees and retail licensees are those
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entities that are licensed by the state
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specifically the michigan liquor control
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commission to sell alcohol
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the concept of a dram shop law which is
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still a term very much used casually is
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the
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idea that a retail licensee an entity
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that sells or furnishes alcohol can in
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certain circumstances be liable
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if there is an injury or death resulting
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from the selling or the furnishing of
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alcohol
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through that establishment that's the
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basic concept of what we call a dram
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shop law
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and when it comes to that is is it
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different for folks who legally can
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purchase alcohol versus those underaged
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if they are involved in this
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it is and it's a really important
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distinction so the distinctions here
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we're talking about when one of these
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retail licensees can be liable for those
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who are underage it is a hard and fast
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no tolerance rule meaning there is no
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permitted selling or furnishing of
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alcohol to someone who's under the age
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of 21. and so if a licensee if a bar
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furnishes alcohol sells alcohol to
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someone under 21
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then the bar can be liable doesn't
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matter the level of the intoxication of
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the underage person so that's those are
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our underage folks
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for people who are of age 21 or older
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the standard is what we call visible
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intoxication
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meaning that if the retail licensee
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sells or furnishes alcohol to someone
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who is a visibly intoxicated person
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then that scenario is where the bar can
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be liable if there is later
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injury or death that results from that
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visibly intoxicated person consuming the
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alcohol so those are our two general
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standards of liability for the various
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classes of people that could be involved
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here
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with so many people tipping a few back
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this week it is typically a big bar week
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during thanksgiving holiday break
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what about bar owners i'm sure they're a
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little nervous are there any unique
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rules or maybe some defenses that they
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have to protect themselves
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there are there's actually quite a few
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so
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again this concept applies if a third
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party you know somebody who wasn't the
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one drinking is injured or killed as a
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result of the consumption of alcohol so
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the first rule to remember is that is
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that that person has to prove that it
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was that consumption of alcohol that
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what is what we call a proximate cause
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or simply put played a role
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in the injury or death so that's one
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rule that everyone has to be
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mindful of there are other rules
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specific to those victims those
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third-party victims the first is what we
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call a statutory notice period so if one
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of those victims retains a lawyer to
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help them then the lawyer has to make
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sure that they notify the bar within 120
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days of being retained by the victim and
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if they don't then the victim cannot
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pursue a claim
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after that the victim and their lawyer
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has to make sure that they file a
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lawsuit no later than two years from the
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date of the injury or death again those
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are rules that apply to to everyone on
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on the bar side of things there are
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specific defenses a one of them a good
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example is the law provides a defense to
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bars if the the visibly if the underage
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uh consumer of alcohol had a fake id so
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that provides the the bar
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one defense
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another defense is that the visibly
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intoxicated person
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cannot be the one pursuing the claim
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against the bar it has to be this idea
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of a third party
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and then
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the other thing to
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this is a technical point but if a
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lawyer is representing a victim
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the lawyer if they're going to pursue a
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claim a legal action against the bar
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they have to include
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the intoxicated person as a defendant as
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well we call this name and retain you
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have to name
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the intoxicated person and keep them as
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part of the lawsuit and that's also
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because bars have a right for what's
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called indemnification meaning they can
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seek reimbursement from the intoxicated
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person if the bar is held liable so
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there's kind of a lot to unpack there i
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think the takeaway there is that yes
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there are very specific rules that apply
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to these unique set of of cases that are
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they are personal injury or wrongful
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death cases but they're subject to a
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whole different set of their own rules
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obviously this is something that we hope
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never happens to anyone but the stats do
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show that
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there are more traffic accidents and
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injuries through drunk driving this time
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of year especially around this holiday
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if someone
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is involved in that heaven forbid where
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can they get more information where can
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they get the details they need to
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protect themselves
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well i would recommend that that happens
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that people do seek the advice of legal
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counsel
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for some of the reasons i mentioned but
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also because these cases can be very
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fact intensive and there's important
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evidence that has to be ascertained
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oftentimes very early on to determine
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where did the intoxicated person consume
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their alcohol was it at one place was it
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multiple places
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over what period of time and the
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evidence that to prove that various
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chain of events is something that needs
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to be gathered and collected soon and
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then because of these unique rules it's
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not something that i think people want
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to navigate on their own without some
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some assistance if if people want more
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information from a firm like ours that
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does this type of work they can find us
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online
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at www.sinus
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they can give us a call in west michigan
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at 616-301-3333
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or shoot us an email at info
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signustreamis.com
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always great information with our know
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the law segments with the science james
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law firm tom thank you so much for that
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great info and have a happy thanksgiving
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thank you tag youtube
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