1998 Minnesota Statutes

     340A.802 Notice of injury; discovery before actions. 

    Subdivision 1.    Notice of injury.  A person who claims 
 damages and a person or insurer who claims contribution or 
 indemnity from a licensed retailer of alcoholic beverages or 
 municipal liquor store for or because of an injury within the 
 scope of section 340A.801 must give a written notice to the 
 licensee or municipality stating: 

    (1) the time and date when and person to whom the alcoholic 
 beverages were sold or bartered; 

    (2) the name and address of the person or persons who were 
 injured or whose property was damaged; and 

    (3) the approximate time and date, and the place where the 
 injury to person or property occurred. 

    A licensee or municipality who claims contribution or 
 indemnification from another licensee or municipality must give 
 a written notice to the other licensee or municipality in the 
 form and manner specified in this section. 

    An error or omission in the notice does not void the 
 notice's effect if the notice is otherwise valid unless the 
 error or omission is of a substantially material nature. 

    Subd. 2.    Limitations; content.  In the case of a 
 claim for damages, the notice must be served by the claimant's 
 attorney within 240 days of the date of entering an 
 attorney-client relationship with the person in regard to the 
 claim.  In the case of claims for contribution or indemnity, the 
 notice must be served within 120 days after the injury occurs or 
 within 60 days after receiving written notice of a claim for 
 contribution or indemnity, whichever is applicable.  No action 
 for damage or for contribution or indemnity may be maintained 
 unless the notice has been given.  If requested to do so, a 
 municipality or licensee receiving a notice shall promptly 
 furnish claimant's attorney the names and addresses of other 
 municipalities or licensees who sold or bartered liquor to the 
 person identified in the notice, if known.  Actual notice of 
 sufficient facts reasonably to put the licensee or governing 
 body of the municipality on notice of a possible claim complies 
 with the notice requirement. 

    No action may be maintained under section 340A.801 unless 
 commenced within two years after the injury. 

    Subd. 3.    Bad faith notice.  A claimant who in bad 
 faith gives notice to a licensee who did not sell or barter 
 liquor to the alleged intoxicated person is subject to liability 
 for actual damages, which shall include the reasonable 
 out-of-pocket attorney fees incurred by the licensee in the 
 defense of the bad faith notice. 

    HIST: 1985 c 305 art 10 s 2; 1985 c 309 s 13; 1Sp1985 c 16 art 
 2 s 3 subd 1; 1Sp1986 c 3 art 1 s 44; 1987 c 152 art 1 s 1; 1993 
 c 347 s 22