SF 1733

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to alcoholic beverages; imposing civil 
  1.3             third-party liability for damages caused by 
  1.4             intoxication of persons under age 21; prohibiting 
  1.5             certain subrogation claims; proposing coding for new 
  1.6             law in Minnesota Statutes, chapter 340A. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  [340A.803] [CIVIL ACTION; INTOXICATION OF 
  1.9   PERSON UNDER AGE 21.] 
  1.10     Subdivision 1.  [RIGHT OF ACTION.] (a) A spouse, child, 
  1.11  parent, guardian, employer, or other person injured in person, 
  1.12  property, or means of support, or who incurs other pecuniary 
  1.13  loss by an intoxicated person under 21 years of age has for all 
  1.14  damages sustained a right of action in the person's own name 
  1.15  against a person who is 21 years of age or older who:  
  1.16     (1) had control over the premises and furnished, sold, 
  1.17  bartered, gave, purchased for, or otherwise supplied other than 
  1.18  by sale licensed under this chapter, to the person under 21 
  1.19  years of age alcoholic beverages that caused the intoxication of 
  1.20  that person; 
  1.21     (2) had control over the premises and was in a reasonable 
  1.22  position to prevent the consumption of alcoholic beverages by 
  1.23  the person under 21 years of age, which includes authorizing a 
  1.24  party on the premises where the person in control of the 
  1.25  premises observed minors consuming alcohol, not terminating the 
  1.26  party, and not taking the alcohol away from the minors; 
  2.1   permitted the consumption; and the consumption caused the 
  2.2   intoxication of the person under 21 years of age; or 
  2.3      (3) purchased and, in turn, sold, bartered, furnished, or 
  2.4   gave to a person under 21 years of age alcoholic beverages that 
  2.5   caused the intoxication of that person. 
  2.6      The person who is 21 years of age or older has a duty to 
  2.7   make reasonable inquiries into the age of any guests where 
  2.8   alcohol is available.  
  2.9      (b) An injured minor may recover if the injury has been 
  2.10  caused by someone 21 years of age or older who:  
  2.11     (1) had control over the premises and furnished, sold, 
  2.12  bartered, gave, purchased for, or otherwise supplied, other than 
  2.13  by sale licensed under this chapter, to the person under 21 
  2.14  years of age alcoholic beverages that caused the intoxication of 
  2.15  the person; 
  2.16     (2) had control over the premises and was in a reasonable 
  2.17  position to prevent the consumption of alcoholic beverages by 
  2.18  the person under 21 years of age, which includes authorizing a 
  2.19  party on the premises where the person in control of the 
  2.20  premises observed minors consuming alcohol, not terminating the 
  2.21  party, and not taking the alcohol away from the minors; 
  2.22  permitted the consumption; and the consumption caused the 
  2.23  intoxication of the person under 21 years of age; or 
  2.24     (3) purchased and, in turn, sold, bartered, furnished, or 
  2.25  gave to a person under 21 years of age alcoholic beverages that 
  2.26  caused the intoxication of that person. 
  2.27     All damages recovered by a minor under this section must be 
  2.28  paid either to the minor or to the minor's parent, guardian, or 
  2.29  next friend as the court directs. 
  2.30     (c) A parent may provide alcohol for his or her own child 
  2.31  in the parents' own home, as long as that child does not leave 
  2.32  the home in an intoxicated state.  If a parent provides alcohol 
  2.33  to his or her child in the home and that intoxicated child 
  2.34  leaves the home and causes injury to self or third parties, then 
  2.35  the parent will be subject to liability under this section. 
  2.36     (d) Section 604.01 does not apply in an action under this 
  3.1   section.  
  3.2      Subd. 2.  [SUBROGATION CLAIMS DENIED.] There shall be no 
  3.3   right by any insurance company for any subrogation claim 
  3.4   pursuant to any subrogation clause of the uninsured, 
  3.5   underinsured, collision, or other first-party coverages of a 
  3.6   motor vehicle insurance policy as a result of payments made by 
  3.7   the company to persons who have claims that arise in whole or in 
  3.8   part under this section.