M Civ JI 75.11 Dram Shop - Sale to Minor: Burden of Proof

The plaintiff has the burden of proving:

(a) that [ name of plaintiff ] was [ injured / damaged ] by [ name of minor ];

(b) that [ name of defendant / name of agent / name of employee ] *(directly) [ sold / gave / furnished ] alcoholic liquor to [ name of minor ];

(c) that [ name of minor ] was under the lawful drinking age of 21 years at the time [ he / she ] was [ sold / given / furnished ] alcoholic liquor by [ name of defendant / name of agent / name of employee ];

(d) 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(s) that:

(e) plaintiff purchased for or gave or furnished alcoholic liquor to [ name of minor ];

(f) †[ name of defendant / name of agent / name of employee ] demanded and was shown [ a Michigan driver’s license / an official state personal identification card ] that appeared to be genuine and showed that [ name of minor ] was 21 years of age or older.

If [ name of minor ] was visibly intoxicated at the time of the [ selling / giving / furnishing ] of alcoholic liquor, then it is not a defense that [ name of defendant / name of agent / name of employee ] demanded and was shown [ a Michigan driver’s license / an official state personal identification card ] that appeared to be genuine and showed that [ name of minor ] was 21 years of age or older.

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

*If there is an issue whether the retail licensee directly sold, gave, or furnished alcoholic liquor to the minor, the word “directly” should be read to the jury and the trial judge may give an additional instruction on the meaning of “directly.” See the Comment below.

†The statute (MCL 436.1801(6)) does not define “official state personal identification card,” e.g., other state or foreign driver’s license, etc.

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.

Comment

“Unlawful sale” to a minor may be interpreted with reference to subsection (2) of MCL 436.1801, which says that a retail licensee shall not directly sell, give, or furnish alcoholic liquor to a minor. (The pre-1986 statute prohibited indirect as well as direct sales to minors.) If indirect sale means a situation where a licensee sells to a buyer who then furnishes the liquor to a minor, the licensee may not be liable under the present statute if the minor became intoxicated and injured someone. This may represent a departure from case law that recognizes the potential liability of a licensee who knew or had reason to know that the purchase of liquor was being made for the minor who ultimately caused the injury. Maldonado v Claud’s, Inc, 347 Mich 395; 79 NW2d 847 (1956); Meyer v State Line Super Mart, Inc, 1 Mich App 562; 137 NW2d 299 (1965); Verdusco v Miller, 138 Mich App 702; 360 NW2d 281 (1984).

History

M Civ JI 75.11 was added May 1988 to replace M Civ JI 75.03 and 75.04. Amended November 1989, January 2001, January 2020.