M Civ JI 75.12 Dram Shop - Sale to Visibly Intoxicated Person: Burden of Proof

The plaintiff has the burden of proving:

(a) that [ name of plaintiff ] was [ injured / damaged ] by [ name of alleged intoxicated person ];

(b) that [ name of alleged intoxicated person ] was visibly intoxicated at the time [ he / she ] was [ sold / given / furnished ] alcoholic liquor by [ name of defendant / name of agent / name of employee ];

(c) that the [ selling / giving / furnishing ] of the alcoholic liquor was a proximate cause of [ name of plaintiff ]’s [ injury / damage ].

The defendant has the burden of proving the defense that plaintiff actively contributed to the intoxication of [ name of alleged intoxicated person ].

The court will provide you with a Special Verdict Form. Your answers to the questions on the Special Verdict Form will provide the basis on which this case will be resolved.

Note on Use

All defenses of the minor or alleged visibly intoxicated person are available to the licensee. MCL 436.1801(6). See Introduction to this chapter, part IV.

Subsection (1) of the statute (MCL 436.1801) prohibits both direct and indirect sales (giving or furnishing) to visibly intoxicated persons. This instruction and the corresponding form of verdict, M Civ JI 190.02 Form of Verdict: Dram Shop - Sale to Visibly Intoxicated Person, may have to be modified if there is an issue whether the sale, giving, or furnishing was indirect.

History

M Civ JI 75.12 was added May 1988 to replace M Civ JI 75.03 and 75.04. Amended November 1989, January 2001, January 2020.