Dram Shop Liability Complaint - Minnesota

DRAM SHOP LIABILITY COMPLAINT

State of Minnesota

At filing: Provide the district court administrator a completed Form CIV117 Civil Cover Sheet under Minn. Gen. R. Prac. 104(b). This non-family civil action is outside Rule 111.01's listed exceptions.

TABLE OF CONTENTS

1. Caption
2. Pre-Suit Notice Compliance (§ 340A.802)
3. Jurisdiction and Venue
4. Parties
5. Factual Allegations
6. Count I — Statutory Dram Shop Liability (§ 340A.801)
7. Count II — Sale to a Person Under 21 (§ 340A.801)
8. Damages
9. Jury Demand
10. Prayer for Relief
11. Verification
12. Minnesota-Specific Practice Notes
13. Sources and References

CAPTION

STATE OF MINNESOTA
COUNTY OF [________________________________]
DISTRICT COURT
[________________________________] JUDICIAL DISTRICT

COURT FILE NO. [________________________________]

COMPLAINT — CIVIL DAMAGES ACT (DRAM SHOP)

PRE-SUIT NOTICE COMPLIANCE

1. Plaintiff retained counsel on [__/__/____].

2. [SELECT APPLICABLE FACTS: On [DATE], within 240 days of entering the attorney-client relationship, Plaintiff's counsel served written notice on Defendant Establishment / Defendant Establishment had actual notice of sufficient facts reasonably to put it on notice of this possible claim] under Minn. Stat. § 340A.802, subds. 1–2. The notice identified:

☐ The date and time of the sale of alcohol
☐ The identity of the person to whom alcohol was sold
☐ The names and addresses of persons injured or whose property was damaged
☐ The approximate time, date, and place of the injury or property damage

3. [IF APPLICABLE: Proof of service of the written notice is attached as Exhibit A.]

JURISDICTION AND VENUE

4. This Court has original jurisdiction over this civil action under Minn. Stat. § 484.01, subd. 1(1).

5. Venue is proper in [________________________________] County under Minn. Stat. § 542.09 because [one or more defendants reside in this county / the cause of action or some part arose in this county / a corporate defendant has an office, resident agent, or business place in this county].

PARTIES

Plaintiff:

6. Plaintiff [PLAINTIFF NAME] is an individual residing at [________________________________], [________________________________] County, Minnesota [____].

7. [IF APPLICABLE: Plaintiff [SPOUSE NAME] is the spouse of [INJURED PLAINTIFF] and claims loss of means of support caused by the intoxication.]

8. Plaintiff seeks recovery for [injury to person / property damage / loss of means of support / other pecuniary loss] caused by the intoxication.

Defendants:

9. Defendant [DEFENDANT ESTABLISHMENT NAME] (hereinafter "Defendant Establishment") is a [corporation / LLC / partnership / municipal liquor store] organized under the laws of [________________________________], with its principal place of business at [________________________________], Minnesota [____].

10. Defendant Establishment is [a licensed retailer of alcoholic beverages, License No. [________] / a municipal liquor store].

11. [INTOXICATED PERSON NAME] ("Intoxicated Person") is the individual whose intoxication led to the injury alleged below.

FACTUAL ALLEGATIONS

12. On or about [__/__/____], at approximately [____] [a.m./p.m.], Intoxicated Person entered Defendant Establishment at [________________________________].

13. Defendant Establishment illegally sold alcoholic beverages to Intoxicated Person, causing or contributing to Intoxicated Person's intoxication.

14. The sale was illegal because [SELECT APPLICABLE BASIS]:

☐ Intoxicated Person was obviously intoxicated at the time of sale (Minn. Stat. § 340A.502)
☐ Intoxicated Person was under the legal drinking age of twenty-one (21)
☐ Other violation of Minn. Stat. ch. 340A: [________________________________]

15. At the time of service, Intoxicated Person exhibited visible signs of intoxication including:

☐ Slurred speech
☐ Unsteady gait or stumbling
☐ Glassy or bloodshot eyes
☐ Aggressive or belligerent behavior
☐ Difficulty with coordination
☐ Odor of alcohol
☐ Drowsiness or loss of consciousness
☐ Other: [________________________________]

16. After departing Defendant Establishment, Intoxicated Person [operated a motor vehicle / engaged in conduct] that caused injury to Plaintiff at or near [________________________________] on [__/__/____] at approximately [____] [a.m./p.m.].

17. Plaintiff's interaction, if any, with Intoxicated Person's consumption of alcohol was [DESCRIBE FACTS].

COUNT I

Statutory dram shop liability under Minn. Stat. § 340A.801.

18. Plaintiff incorporates by reference all preceding paragraphs.

19. Pursuant to Minn. Stat. § 340A.801, subd. 1, a person who is injured by an intoxicated person has a right of action for damages against a person who caused the intoxication by illegally selling alcoholic beverages.

20. Defendant Establishment illegally sold alcoholic beverages to Intoxicated Person, causing or contributing to Intoxicated Person's intoxication.

21. Plaintiff [and, if applicable, Plaintiff's spouse] sustained the injury or loss described above as a proximate result of Intoxicated Person's intoxication.

22. Any fault attributable to Plaintiff is subject to comparison under Minn. Stat. § 604.01.

23. Plaintiff is a person entitled to recover under § 340A.801, as:

☐ A person injured in person, property, or means of support
☐ A spouse who has lost means of support
☐ A person who incurred other pecuniary loss

COUNT II

Alternative illegal sale to a person under 21 under Minn. Stat. § 340A.801.

24. Plaintiff incorporates by reference all preceding paragraphs.

25. Intoxicated Person was [____] years old at the time, under the legal drinking age of twenty-one (21).

26. Defendant Establishment sold alcoholic beverages to a person under 21 in violation of Minn. Stat. § 340A.503, subd. 2(1).

27. [IF SUPPORTED: Defendant Establishment did not reasonably and in good faith rely on proof of age authorized by Minn. Stat. § 340A.503, subd. 6, because [FACTS].]

28. The illegal sale to a minor was a proximate cause of Plaintiff's injuries.

DAMAGES

29. As a direct and proximate result of Defendant Establishment's illegal sale, Plaintiff has suffered the following damages:

(a) Medical expenses — past and future

(b) Lost wages and earning capacity

(c) Pain and suffering — past and future

(d) Mental anguish and emotional distress

(e) Loss of means of support [if spouse claim]

(f) Property damage [if applicable]

JURY DEMAND

30. Plaintiff hereby demands a trial by jury on all issues so triable.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in Plaintiff's favor and against Defendant Establishment as follows:

(a) [SELECT ONE: $[AMOUNT] in unliquidated damages / reasonable damages in an amount greater than $50,000];

(b) Prejudgment and postjudgment interest to the extent authorized by Minn. Stat. § 549.09;

(c) Costs and disbursements; and

(d) Such other relief as this Court deems just.

VERIFICATION

I declare under penalty of perjury that everything I have stated in this document is true and correct.

Signature: ________________________________________

Date signed: [__/__/____] County and state of signing: [COUNTY], [STATE]

Respectfully submitted,

________________________________________
[ATTORNEY NAME], Esq.
[FIRM NAME]
[ADDRESS]
[CITY], Minnesota [____]
Telephone: [________________________________]
Email: [________________________________]
Minnesota Bar No. [________________________________]

Counsel for Plaintiff

Acknowledgment under Minn. Stat. § 549.211, subd. 1: Plaintiff acknowledges that sanctions may be imposed under Minn. Stat. § 549.211.

Plaintiff signature: [________________________________] Date: [__/__/____]

MINNESOTA-SPECIFIC PRACTICE NOTES

Notice and deadline. Minn. Stat. § 340A.802, subds. 1–2 requires notice to the licensed retailer or municipal liquor store. For a damages claim, the claimant's attorney must serve it within 240 days after entering the attorney-client relationship; sufficient actual notice can comply. The section bars maintaining an action without notice and requires commencement within two years after injury.

Licensed seller claim. Minn. Stat. § 340A.801, subd. 1 permits a person injured in person, property, or means of support, or who incurs other pecuniary loss, to sue in that person's own name when an illegal alcohol sale caused the intoxication. Sales for the use of an obviously intoxicated person are prohibited by § 340A.502; sales to a person under 21 are prohibited by § 340A.503, subd. 2(1).

Comparative fault and complicity. Section 340A.801, subd. 3 applies § 604.01. Section 604.01, subd. 1a includes complicity in the definition of fault; compare claimant fault to the person against whom recovery is sought under subdivision 1.

Proof of age. Section 340A.801, subd. 3a applies the § 340A.503, subd. 6 proof-of-age defense to this civil claim. The defendant bears the statutory good-faith-reliance showing.

Insurer subrogation. Section 340A.801, subd. 4 restricts the specified first-party motor vehicle insurer subrogation claims against liquor vendors.

Sources and References

• Minn. Stat. § 340A.801 — Civil actions
• Minn. Stat. § 340A.802 — Notice and limitation
• Minn. Stat. § 340A.502 — Obviously intoxicated persons
• Minn. Stat. § 340A.503 — Persons under 21
• Minn. Stat. § 604.01 — Comparative fault
• Minn. Gen. R. Prac. 104 — Civil Cover Sheet

This template is provided for informational purposes only and does not constitute legal advice. Minnesota's 240-day notice requirement and complicity defense are critical procedural hurdles. An attorney licensed in Minnesota should review all filings before submission. Last updated: 2026-11-09.