Parties: Plaintiffs “Who can Sue?”

Q. WHO IS ENTITLED TO SUE UNDER A DRAM SHOP ACTION?
A. Any dependents can recover for loss of means of support, property loss and pecuniary loss: “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 the damages sustained against a person who caused the intoxication of that person by illegally selling alcoholic
beverages. Minn. Stat. § 340A.801.subd.1. “Other person” includes a fiancee and her daughter where they had all lived together and owned joint furniture and received support from the injured party. The Minnesota Supreme Court found that fiancee and daughter were within the class of people having a right of action under the Act. Lefto v Hoggsbreath, Enterprises, Inc. 581 N.W.2d 855 (Minn 1998) No “legal” relationship is required but some sort of dependence is necessary such as a former spouse who was dependent on the victim for child support or alimony or merely emotional support.

Q. WHO CAN BRING A DRAM SHOP CLAIM FOR LOSS OF A LOVED ONE?
A. Only individual persons injured or damaged by the intoxication can bring a dram shop claim. A trustee appointed pursuant to a wrongful death cannot maintain a dram shop action for the surviving spouse and children. A conservator for a minor has no cause of action: the minor is the proper party to the action who appears by a conservator or guardian. Highland v. Mapleview Lounge Bottleshop. 643 N.W. 2d 618 (Minn. App. 2000)

Q. WILL THE DEPENDENTS BE PUNISHED BY THE FACT THAT THE INTOXICATED DECEASED PERSON WAS PARTLY AT FAULT FOR THEIR OWN DEATH BY VOLUNTARILY BECOMING INTOXICATED?
A. No. Comparative fault will not be imputed to the family of the AIP on their claims for recovery under the dram shop act. In other words, the fault of the intoxicated person cannot reduce of defeat their recoveries and the dram shop action is a strict liability claim.

Q. IS AN INJURED PARTY ENTITLED TO SUE THE LIQUOR ESTABLISHMENT?
A. Anyone who has been injured or killed by a person who was drunk because of an illegal sale may sue the liquor establishment that made that illegal sale.

Q. DOES THE PERSON WHO IS INJURED BY THEIR OWN INTOXICATION HAVE A RIGHT TO SUE THE BAR?
A. The statute does not allow the intoxicated person to sue a bar for causing their injury, no matter what. If he/she dies, their estate can't sue, but the family members as dependents can sue. Minn. Stat. ß 340A.90.

Q. CAN A PERSON WHO ACTIVELY CONTRIBUTES TO THE INTOXICATION OF THE AIP AND BECOMES INJURED AS A RESULT OF THAT INTOXICATION SUE?
A. Complicity: An injured party who actively contributes at any stage to the intoxication of the alleged intoxicated person is denied recovery from the liquor vendor. See the following examples:

.Persons injured by the intoxication of a minor to whom such persons actively furnished liquor without asking the minor's age are denied recovery from liquor vendor.
2. One minor contributes funds with which a second minor illegally purchases intoxicants subsequently consumed by both. The first minor is thereafter injured while a passenger in the second minor's car. Neither minor can maintain an action against the tavern illegally selling the intoxicant.
3. Mere passive participation does not amount to complicity where plaintiff was merely a drinking companion of the intoxicated person and did not purchase, procure for, or participate in the furnishing of intoxicants to the AIP minor.

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