§ 340A.801 — Civil Actions
Plain-Language Summary
Minnesota's dram shop law. Allows injured persons — including spouses, children, parents, and employers — to sue a liquor vendor who illegally sold alcohol to the person who caused their injuries. Comparative fault applies, and insurance subrogation claims against liquor vendors are barred.
340A.801 CIVIL ACTIONS.
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Subdivision 1.Right of action.
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. §
Subd. 2.Actions.
All suits for damages under this section must be by civil action in a court of this state having jurisdiction. §
Subd. 3.Comparative negligence.
Actions under this section are governed by section 604.01. §
Subd. 3a.Defense.
The defense described in section 340A.503, subdivision 6, applies to actions under this section. §
Subd. 4.Subrogation claims denied.
There shall be no recovery by any insurance company against any liquor vendor under subrogation clauses of the uninsured, underinsured, collision, or other first party coverages of a motor vehicle insurance policy as a result of payments made by the company to persons who have claims that arise in whole or part under this section. The provisions of section 65B.53, subdivision 3, do not apply to actions under this section. §
Subd. 5.
MS 1986 [Repealed, 1987 c 152 art 2 s 5] §
Subd. 6.Common law claims.
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.
History:
1985 c 305 art 10 s 1; 1985 c 309 s 12; 1Sp1985 c 16 art 2 s 3 subd 1; 1987 c 152 art 1 s 1; art 2 s 3; 1989 c 301 s 15; 1990 c 555 s 10
History: History: 1985 c 305 art 10 s 1; 1985 c 309 s 12; 1Sp1985 c 16 art 2 s 3 subd 1; 1987 c 152 art 1 s 1; art 2 s 3; 1989 c 301 s 15; 1990 c 555 s 10