Dramshop: Maryland, Massachusetts, Michigan, Minnesota, and Mississippi

In this series, we’ll be discussing what dramshop is and what you need to know about the laws in your state.

 

 

Maryland

 

Maryland has no dramshop statues. However, a personal injury can be claimed if the action resulted in negligence.

 

 

 

 

Massachusetts

 

No alcoholic beverage shall be sold or delivered on any premises licensed under this chapter to an intoxicated person.

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Section 69

Michigan

An individual who suffers damage or who is personally injured by a minor or visibly intoxicated person by reason of the unlawful selling, giving, or furnishing of alcoholic liquor to the minor or visibly intoxicated person, if the unlawful sale is proven to be a proximate cause of the damage, injury, or death, or the spouse, child, parent, or guardian of that individual.

They a right of action in his or her name against the person who by selling, giving, or furnishing the alcoholic liquor has caused or contributed to the intoxication of the person or who has caused or contributed to the damage, injury, or death. In an action under this section, the plaintiff has the right to recover actual damages in a sum of not less than $50.00 in each case in which the court or jury determines that intoxication was a proximate cause of the damage, injury, or death.

 

Section 436.1801

 

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Minnesota

 

A spouse, child, parent, guardian, employer, or other person injured in person, property, or means of support, or who incurs other pecuniary loss by an intoxicated person or by the intoxication of another person, has a right of action in the person's own name for all damages sustained against a person who caused the intoxication of that person by illegally selling alcoholic beverages. All damages recovered by a minor under this section must be paid either to the minor or to the minor's parent, guardian, or next friend as the court directs.

 

Statue 340A.801

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Mississippi

 

The Mississippi Legislature finds and declares that the consumption of intoxicating beverages, rather than the sale or serving or furnishing of such beverages, is the proximate cause of any injury, including death and property damage, inflicted by an intoxicated person upon himself or upon another person.

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Section 67-3-73

 

Find out more about Dramshop laws in:

Alabama, Alaska, Arizona, Arkansas, and California

Connecticut, Colorado, Delaware, District of Columbia, and Florida

Georgia, Hawaii, Idaho, Illinois, and Indiana

Iowa, Kansas, Kentucky, Louisiana, and Maine

 

Resource:

https://www.nolo.com/legal-encyclopedia/dram-shop-laws-and-social-host-liability-in-each-state

https://en.wikipedia.org/wiki/Dram_shop

https://www.investopedia.com/terms/d/dram-shop-laws.asp#citation-1