The bartender and the owner both have fiduciary duties to ensure they do not overserve their patrons and by law should be carding anyone who may not be 21. So, I would sue both the establishment and the bartender. Even though Michael was a felon, the owner still hired him without doing the proper due diligence. The owner was negligent in selecting his employee and is vicariously liable.

According to Expresslegalfunding.com, you can sue an establishment for overserving someone who is visibly intoxicated. However, there are different rules for different states as it relates to overserving and visible intoxication. You can also use witnesses from other bar patrons whether or not they saw someone as visibly intoxicated. This could go either way in favor of the bartender or the consumer. Alcohol.org says that bartenders can serve civil and legal repercussions for overserving. Many states have made laws allowing civil suits and prosecution of commercial establishments. These laws are called "Dram Laws".

The potential argument of the defense could be that the owner told the bartender he did not need to card anyone. Or, Michael could say he thought she looked over 21.

Citations:

"Legal Risks Bartenders Face for Overserving Alcohol." Alcohol.org, 25 Oct. 2022, https://alcohol.org/laws/over-serving/.

Winston, Aaron R. "FAQ: Can You Sue a Bar after an Accident for Overserving?" Express Legal Funding, 31 Oct. 2022, https://expresslegalfunding.com/sue-bar-accident-overserving/.

What would be a good response to a discussion such as this?