Minnesota statutes allow DWI charges to be filed when a motorist is found to be operating a vehicle with a BAC of .08 or higher. Unknown to many, however, is that the intoxicated motorist is not the only one who may be held responsible when injuries or collisions occur. In the event of a DWI, establishments and social hosts that serve alcohol may also be held liable.
The Minnesota Dram Shop Law refers to the law that holds public establishments and individuals accountable if they sell or provide alcohol illegally. Under the state’s law, legal responsibility may be imposed on the person or entity whose decision to serve alcohol ultimately results in injury or death. State courts use the term “sold” widely, allowing it to refer to bartered exchanges, as well as alcohol drinks purchased by a third party for the intoxicated person.
A dram shop claim is often one component of a motor vehicle accident case involving a DWI charge. When a motorist is clearly inebriated or intoxicated, he or she is likely not in the proper state to make sound and reasonable decisions, and is unlikely to be aware of the dangers brought about by driving impaired. In such situations, dram shop laws place the responsibility on the establishment or social host to stop serving alcohol to that motorist.
Victims of a Minnesota DWI may not always receive sufficient compensation from the drink driver’s insurance and assets. It is possible that the DWI offender may not have any insurance, which means that the victim may have difficulty obtaining any form of compensation for their costly medical bills, lost wages, property damage, and pain and suffering. Dram shop laws, however, allow DWI victims to possibly claim compensation from the place the drunk driver acquired his or her alcohol.
Source: Dram Shop Laws and Social Host Liability for Alcohol-Related Accidents in Minnesota, published on https://www.nolo.com/legal-encyclopedia/dram-shop-laws-social-host-liability-alcohol-related-accidents-minnesota.html