Liquor Liability & Dram Shop

Liquor and Dram Shop Liability

The damage left in the wake of an intoxicated driver is frequently the responsibility of both the drunk driver and the bar or establishment which allowed the drunk driver to reach that condition. In Minnesota it is against the law to serve alcohol (beer, mixed drinks, wine or other alcoholic beverage) to an obviously intoxicated person, a minor or conduct an after-hours sale. All of these are deemed an illegal sale. Minnesota bars are required to carry liquor liability insurance as a condition of obtaining their beverage license.  If the collision resulted in a death, this may also result in a wrongful death claim typically requiring the appointment of a wrongful death trustee. A single trustee must be court appointed to represent the interest of all surviving spouse, children and other family members. This is often accomplished in the first days following a death. Frequently the first family member to apply to the court is appointed trustee and is consequently given the authority to make important decisions on behalf of all the family members. It is an important first step that you need to discuss with a trusted, experienced trial attorney, at your very earliest opportunity. While you may have both a wrongful death and dram shop claim, only the wrongful death claim requires the appointment of a trustee. The dram shop or liquor liability claim may be brought by any individual who has suffered a loss of means of support. The legal issues are complex; consult an attorney. Call us today at 763-682-1082.



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