What is a Dram Shop?
In 18th Century England, thousands of so-called “gin-shops” sold homemade gin by the dram (about a spoonful). Today’s legal system considers any establishment selling liquor as a modern day equivalent of these “dram shops” of the 1700’s.
What is Minnesota Dram Shop Law?
Minnesota law holds these establishments responsible for the dangerous actions of an intoxicated person when they have illegally sold liquor to that person. In addition to bars and liquor stores, these establishments can include restaurants, social clubs, and even private events where liquor is sold.
Under Minnesota Statutes, Section 340.801, Subdivision 1:
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.
While selling liquor to an obviously intoxicated customer represents the most common dram shop violation, the illegal sale of intoxicating beverages can take other forms, such as:
- Selling liquor without a license to do so;
- Selling liquor after hours; or
- Selling liquor to a minor.
Our lawyers can help you determine if a dram shop violation played a role in your Minnesota auto accident. As public safety advocates, we believe it is important to hold parties liable who engage in illegal activity, especially when there is a high likelihood that people will be seriously injured or killed. Read our previous post about a young man who was paralyzed in an accident involving an underage driver who was allegedly sold liquor at an Albertsons grocery store.
To contact a Minnesota car accident lawyer at PritzkerOlsen, please call 612-338-0202, call 1-888-377-8900 (toll-free) or submit our free consultation form.
