Damages: Who Pays?

Q. HOW DOES THE CONCEPT OF RIGHT OF CONTRIBUTION WORK IN A DRUNK DRIVING/DRAMSHOP CRASH?
A. The right of contribution between defendants is allowed in dram shop actions as in most other personal injury situations.
1. An injured person who is partly at fault can still recover damages if his/her fault is not greater than the fault of the defendants, e.g., injured party's fault can be no greater than 50% and the other at fault party must be at least 50% at fault. If the injured party has more than 50% of the fault, they can not recover. Minn. Stat. 604.01 (2001).

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