Wrongful Death Dram Shop
Wrongful Death Dram Shop

Dram Shop Liquor Liability

Minnesota created a right of action by statute liability for allowing intoxication which creates a risk to the public called the dram shop law. According to Minn. Stat. 340A.801, which states: ” 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.”

Common Law Claims Still Allowed

According to Minn. Stat. 340A.801, Subd. 6, “nothing in this chapter precludes common law tort claims against any person 21 years old or older who knowingly provides or furnishes alcoholic beverages to a person under the age of 21 years”.

Insurance Required by Law for Liquor Establishments

Minn. Stat. § 340A.409, subd. 1, requires establishments to carrier insurance for dram shop exposure. The statute states: “(a) No retail license may be issued, maintained or renewed unless the applicant demonstrates proof of financial responsibility with regard to liability imposed by section 340A.801. The issuing authority must submit to the commissioner the applicant’s proof of financial responsibility.”

Contact an Experienced Wrongful Death Lawyer

If you have concerns about accident due to a dram shop or liquor liability situation which lead to the death of someone in your family contact attorney Kenneth LaBore for a free consultation to discuss you questions and options at 612-743-9048 or by email at KLaBore@MNnursinghomeneglect.com.