A dram shop law helps to define the responsibility when someone causes an accident after drinking. It defines the liability for those who serve and sell alcohol.
In Minnesota, the law says there is only liability in situations where someone served someone else alcohol illegally.
The elements
To have a claim under the dram shop law, you have to show the accused illegally provided alcohol to the person who caused you harm. You must also show this action led to the intoxication that led to your injury. It is essential to connect the serving of the alcohol to the damages you suffer.
Minors
The law applies to minors served alcohol since it is illegal to provide minors with alcohol in the state.
Details
Claims under the dram shop law are civil in nature. If there is any criminal element to the case, the prosecutor’s office will handle that. It is separate from the civil case. Although, you may have to wait to file your case until the criminal matter is over. But this can be a good thing. You may be able to use findings from that case to support yours.
You can bring a claim for any type of damage. You do not have to suffer a physical injury. If a drunk driver damages your property, you still have the right to a claim under the dram shop law.
Keep in mind that you will need to provide evidence to support your case. Remember that you have to connect the serving of the alcohol to the person and to the damages you suffered.