2006 Minnesota Statutes

340A.801 CIVIL ACTIONS.
    Subdivision 1. Right of action. 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 damages sustained against a person who caused the intoxication of that person
by illegally selling alcoholic beverages. All damages recovered by a minor under this section must
be paid either to the minor or to the minor's parent, guardian, or next friend as the court directs.
    Subd. 2. Actions. All suits for damages under this section must be by civil action in a court
of this state having jurisdiction.
    Subd. 3. Comparative negligence. Actions under this section are governed by section
604.01.
    Subd. 3a. Defense. The defense described in section 340A.503, subdivision 6, applies to
actions under this section.
    Subd. 4. Subrogation claims denied. There shall be no recovery by any insurance company
against any liquor vendor under subrogation clauses of the uninsured, underinsured, collision, or
other first party coverages of a motor vehicle insurance policy as a result of payments made by the
company to persons who have claims that arise in whole or part under this section. The provisions
of section 65B.53, subdivision 3, do not apply to actions under this section.
    Subd. 5.[Repealed, 1987 c 152 art 2 s 5]
    Subd. 6. Common law claims. Nothing in this chapter precludes common law tort claims
against any person 21 years old or older who knowingly provides or furnishes alcoholic beverages
to a person under the age of 21 years.
History: 1985 c 305 art 10 s 1; 1985 c 309 s 12; 1Sp1985 c 16 art 2 s 3 subd 1; 1987 c 152
art 1 s 1; art 2 s 3; 1989 c 301 s 15; 1990 c 555 s 10