Minnesota Car Accident Lawyer & Attorney : Minneapolis Car Accident Law Firm : Brown Law Offices : St. Paul, Twin Cities MN

One of the many options for recovery that a Minnesota auto accident attorney may use in a drunk driving accident is to seek recovery under Minnesota's dram shop laws. Under Minnesota’s dram shop laws restaurants, pubs, clubs, and liquor stores that illegally serve or furnish a person with alcohol, may be held liable for any injuries from a resulting accident.

A drunk motorist, who causes an accident, very likely, purchased a drink at a liquor establishment. The establishment may therefore be held accountable for its negligence in any accident caused by a drunk driver who bought his alcohol at the venue or facility.

For a victim of a DUI accident, it may be important to examine all options for compensation, because injuries resulting from drunken driving accidents tend to be extremely serious. These include fractures, blunt force trauma injuries, brain injuries, spinal injuries, and other serious injuries that may require extensive medical care, hospitalization, physical therapy and other aids.

Minnesota’s law allows for two types of liability for people who illegally provide alcohol to a motorist. While dram shop laws offer injured victims one option to hold the establishment accountable, there are also social host liability laws laid out in Minnesota statutes that allow persons who provide alcoholic beverages to persons below the age of 21 in a social, non-commercial setting to be held liable.

It’s important to understand that these laws won’t cover the intoxicated person, but will only apply to victims of an accident. Minnesota dram shop laws may apply in case of:

• Establishments that sell alcoholic beverages to persons below the age of 21;
• Establishments that sell alcoholic beverages to visibly drunk patrons;
• Establishments that sell alcoholic beverages after hours or on a day on which sale is prohibited by law; and
• Establishments that sell alcohol to guests or non-members at a club.

Do you have questions about dram shop or social host liability? Contact an MN dram shop attorney at the Brown Law Office, P.A. We offer free consultations at your home, work, hospital or you may arrange to meet with us at one of our six Twin Cities metro offices. Contact us by calling (612) 789-2100 or submit an inquiry through our online consultation form. We don’t charge a fee unless we obtain a settlement on your behalf.

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In Minnesota, wrongful death occurs when a person is killed as the result of an act of negligence of another. Wrongful death claims in Minnesota are brought by someone known as a "trustee." The trustee is usually a family member with close ties to the decedent. They are appointed by the court to represent the interests of the decedent's heirs.

The decedent's surviving family members may be entitled to damages, including compensation for lost wages, loss of companionship, funeral and medical expenses. In some cases, punitive damages may be recovered if it is demonstrated that the negligent party acted with "reckless disregard" for the rights and safety of others. A drunk driver is a prime candidate to recover punitive damages from, although it is not likely that there will be insurance coverage in place for such an award.

Once the trustee receives the financial award granted in a particular case, the court must approve the proposed disbursement of the settlement. Most often, this presents little difficulty. However, if the heirs cannot agree, the cout will ultimately decide how to divide the proceeds.

Under Minnesota's statue of limitations, a wrongful death action premised on negligent conduct must be filed within three years of the date of the decedent's death. This differs from the six year statute of limitations in place regarding car accidents that result in injuries, but not death, of a driver or passenger of an automobile.

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