Dram Shop Law Against Bar Overserving – Lawyer MN

MN LAW AGAINST BAR OVERSERVING CUSTOMERS – DRAM SHOP LAWYER MN

The laws in Minnesota are very strict against bars over-serving customers, serving alcohol to people underage, and staying open after legally allowed hours. If a bar violates the dram shop laws, the bar can be fined or lose its license. The bar can also be held civilly liable (sued) if someone is injured because of the intoxication of a person who was served alcohol illegally. Our drunk driver car accident lawyers in MN have represented many people injured because of illegal sales of alcohol by bars. Most of these cases have involved a drunk driver, but our MN lawyers have also represented many people who have been attacked at a bar or injured by a drunk bar customer, or even a bouncer.

Here are the dram shop laws in Minnesota:

340A.702 GROSS MISDEMEANORS.

It is a gross misdemeanor:

(1) to sell an alcoholic beverage without a license authorizing the sale;

(2) for a licensee to refuse or neglect to obey a lawful direction or order of the commissioner or the commissioner’s agent, withhold information or a document the commissioner calls for examination, obstruct or mislead the commissioner in the execution of the commissioner’s duties or swear falsely under oath;

(3) to violate the provisions of sections 340A.301 to 340A.312;

(4) to violate the provisions of section 340A.508;

(5) for any person, partnership, or corporation to knowingly have or possess direct or indirect interest in more than one off-sale intoxicating liquor license in a municipality in violation of section 340A.412, subdivision 3;

(6) to sell or otherwise dispose of intoxicating liquor within 1,000 feet of a state hospital, training school, reformatory, prison, or other institution under the supervision and control, in whole or in part, of the commissioner of human services or the commissioner of corrections;

(7) to violate the provisions of section 340A.502;

(8) except as otherwise provided in section 340A.701, to violate the provisions of section 340A.503, subdivision 2, clause (1) or (3);

(9) to withhold any information, book, paper, or other thing called for by the commissioner for the purpose of an examination;

(10) to obstruct or mislead the commissioner in the execution of the commissioner’s duties;

(11) to swear falsely concerning any matter stated under oath; or

(12) to violate the provisions of section 340A.503, subdivision 5, after having been convicted previously of violating section 340A.503, subdivision 5.

340A.801 CIVIL ACTIONS.

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.

[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.

The Rochlin Law Firm, Ltd. has successfully represented and fought for clients who have been injured by a drunk driver and the persons or bars that have wrongfully served them, as well as people who have been injured at a bar. When our clients are injured because of being hit by a drunk driver, we strongly believe that the drunk driver, and if necessary the bar, should be held accountable. Our MN personal injury lawyers have considerable experience obtaining the necessary expert and investigative documentation to prove a case against the drunk driver and the irresponsible liquor establishment. If you have been injured because a drunk driver rear ended you or otherwise caused your accident – or one of your loved ones has been killed in a drunk driving car crash – please call us for a free consultation with an attorney. See also, How to Get Medical Bills Paid. A lawyer will meet with you to discuss your drunk driver accident case at our offices in Minneapolis, Woodbury, and Edina. Our attorneys will also meet with you at your home if you have been hit or rear ended by a drunk driver in St. Paul MN, Forest Lake, Lake Elmo, Brooklyn Park, Brooklyn Center, Anoka Minnesota, Plymouth, Rogers, Chanhassen, Chaska, Burnsville, Richfield, and other cities throughout Minnesota.