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I was Injured by a Drunk Driver. Can I Sue the Bar or Liquor Store that Sold the Alcohol?

Posted by: euser
August 03, 2007
Topic: Minnesota Personal Injury

Under Minnesota Statute 340A.801, a person who is injured, suffers property damage, loses means of support, or incurs other pecuniary loss by an intoxicated person has a right of action for damages against a person who caused the intoxication by illegally selling alcoholic beverages. A sale of alcohol is illegal, for example, when it is to a person under the age of 21 or to an "obviously intoxicated person," or when the sale takes place during certain prohibited hours (between 2:00 a.m. and 8:00 a.m. Monday through Saturday and after 2:00 a.m. on Sunday) or on prohibited days (Thanksgiving, Christmas, and after 8:00 p.m. on Christmas Eve). It is not necessary for the seller to have a license for liquor sale for dram shop liability to apply. An intoxicated person who is injured cannot bring a lawsuit against the seller for providing the alcohol, nor can the intoxicate person's insurance company.

Unlike under state traffic laws, a finding of intoxication or obvious intoxication under Minnesota's dram shop statute does not require proof of any specific amount of alcohol consumed or any particular blood alcohol content. Rather, there must simply be proof that, as a result of drinking alcohol, the person lost control of his or her mental, verbal, or physical facilities to any extent and that such condition was or should have been reasonably observable or apparent to the seller.

For the seller of the alcoholic beverages to be held liable, a plaintiff must also show that the illegal sale caused the intoxication, and that the intoxication caused the accident. The sale at issue need not be the sole cause of the intoxication - it may be enough that the particular sale was a contributing cause. However, the amount of time elapsed between the sale and consumption or between the sale and accident, or the occurrence of other intervening events, may so attenuate the circumstances that a judge or jury would fail to find a causal relationship

Minnesota's statute of limitations for bringing a dram shop action is two years from the date of injury, although notice may need to be earlier served on the seller. The attorneys at Milavetz, Gallop & Milavetz are experienced and knowledgeable in this area and can help to evaluate your potential dram shop claim today.