What is the Dram Shop Law?

Dram shop laws impose liability on liquor establishments and even individuals for the illegal sale of alcohol which directly results in the injury of another person.  The "illegal sale" of alcohol would encompass any sale of alcohol that violates the law including the sale of alcohol to a person who is already intoxicated.

In Minnesota, the dram shop law may impose liability when an illegal sale results in harm to a third party. Minn. Stat. § 340A.801.   Even a person who who drinks and injures himself or herself may have a case where  their family files for their economic loss including lost wages, pain and suffering, loss of care and companionship and any medical expenses.

The illegal sale of alcohol includes within its definition:

• any sale to a minor
• any sale to an obviously intoxicated person,
• any sale on a day prohibited by law or during hours prohibited by law,
• any sale to nonmembers or guests of a club. Englund v. MN CA Partners/MN Joint Ventures, 555 N.W.2d 328, 330-31 (Minn. App. 1996), aff'd 565 N.W.2d 433 (Minn. 1997).

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