Dram Shop Liability Complaint

DRAM SHOP LIABILITY COMPLAINT

State of Minnesota

TABLE OF CONTENTS

1. Caption
2. Pre-Suit Notice Compliance (§ 340A.801)
3. Jurisdiction and Venue
4. Parties
5. Factual Allegations
6. Count I — Statutory Dram Shop Liability (§ 340A.801)
7. Count II — Service to a Minor (§ 340A.801 / § 340A.90)
8. Damages
9. Jury Demand
10. Prayer for Relief
11. Verification
12. Minnesota-Specific Practice Notes

1. CAPTION

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

COURT FILE NO. [________________________________]

COMPLAINT — CIVIL DAMAGES ACT (DRAM SHOP)

2. PRE-SUIT NOTICE COMPLIANCE (§ 340A.801)

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

2. On [__/__/____], within 240 days of entering the attorney-client relationship, Plaintiff's counsel served written pre-suit notice on Defendant Establishment in compliance with Minn. Stat. § 340A.801, which notice included:

☐ The date and time of the sale of alcohol
☐ The identity of the person to whom alcohol was sold
☐ The names and addresses of injured persons or those claiming to be injured

3. Proof of service of said notice is attached as Exhibit A.

3. JURISDICTION AND VENUE

4. This Court has jurisdiction over this matter pursuant to Minn. Stat. § 484.01.

5. Venue is proper in [________________________________] County pursuant to Minn. R. Civ. P. 12 and Minn. Stat. § 542.09 because [the cause of action arose / defendant resides or has its principal place of business] in this county.

4. PARTIES

Plaintiff:

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

7. [If spouse claiming loss of consortium: Plaintiff [SPOUSE NAME] is the [husband / wife] of [INJURED PLAINTIFF] and brings a claim for loss of means of support and other applicable damages.]

8. [If wrongful death: Plaintiff is the [trustee / personal representative] of the next of kin of [DECEDENT NAME], and brings this action pursuant to Minn. Stat. § 573.02.]

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 holds Minnesota Alcohol and Gambling Enforcement Division License No. [________________________________].

11. Defendant [INTOXICATED PERSON NAME] (hereinafter "Intoxicated Person") is an individual residing at [________________________________], Minnesota [____].

5. 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:

☐ Intoxicated Person was visibly intoxicated at the time of sale
☐ 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 was not complicit in Intoxicated Person's intoxication.

6. COUNT I — STATUTORY DRAM SHOP LIABILITY (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/or Plaintiff's spouse/next of kin] was injured as a proximate result of Intoxicated Person's intoxication.

22. Plaintiff [was not complicit in / did not participate in / did not encourage] Intoxicated Person's intoxication.

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 representative of the next of kin of a decedent

7. COUNT II — SERVICE TO A MINOR (§ 340A.801 / § 340A.90)

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 minor in violation of Minn. Stat. § 340A.503.

27. Defendant Establishment did not exercise the good-faith proof-of-age reliance defense available under Minn. Stat. § 340A.503, subd. 6.

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

8. 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 — in the amount of $[________________________________]

(b) Lost wages and earning capacity in the amount of $[________________________________]

(c) Pain and suffering — past and future

(d) Mental anguish and emotional distress

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

(f) Loss of consortium [if applicable]

(g) Property damage in the amount of $[________________________________]

(h) [If wrongful death: Funeral expenses; loss of pecuniary benefit, guidance, and companionship]

9. JURY DEMAND

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

10. PRAYER FOR RELIEF

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

(a) Compensatory damages in an amount to be determined at trial;

(b) Damages apportioned according to modified comparative fault under Minn. Stat. § 604.01;

(c) Pre-judgment and post-judgment interest pursuant to Minn. Stat. § 549.09;

(d) Costs, disbursements, and reasonable attorney's fees where permitted;

(e) Such other and further relief as this Court deems just and equitable.

11. VERIFICATION

I, [PLAINTIFF NAME], verify under oath that the foregoing statements are true and correct to the best of my knowledge, information, and belief.

Signature: ________________________________________

Date: [__/__/____]

Respectfully submitted,

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

Counsel for Plaintiff

12. MINNESOTA-SPECIFIC PRACTICE NOTES

MANDATORY 240-Day Pre-Suit Notice:

• Claimant's attorney must serve written notice within 240 days of entering the attorney-client relationship
• Notice must include: (1) time/date and person to whom alcohol was sold; (2) names/addresses of injured persons
• Failure to comply is grounds for dismissal

Complicity — Absolute Defense:

• If the plaintiff was complicit in the intoxication (e.g., encouraged drinking, bought rounds), it is an ABSOLUTE defense
• Herrly v. Muzik, 374 N.W.2d 275 (Minn. 1985)

Insurer Subrogation Barred:

• Minn. Stat. § 340A.801, subd. 4 bars insurer subrogation against liquor vendors

Comparative Fault:

• Modified comparative fault with 51% bar (Minn. Stat. § 604.01)
• Plaintiff cannot recover if their fault is greater than 50%

No Damage Caps:

• No statutory caps specific to dram shop claims
• Municipal liquor store defendants may have government immunity limitations

Social Host Liability:

• Statutory: persons 21+ who knowingly permit or furnish alcohol to minors (§ 340A.90)
• Social hosts serving adults are generally NOT liable

Proof-of-Age Defense:

• Good-faith reliance on valid ID is a defense (§ 340A.503, subd. 6)

Statute of Limitations:

• 2 years from the date of injury

Common Law Claims:

• Preempted against licensed vendors; dram shop liability is exclusively statutory

Key Case Law:

• Wegan v. Village of Lexington, 309 N.W.2d 273 (Minn. 1981)
• Herrly v. Muzik, 374 N.W.2d 275 (Minn. 1985)

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: 2026-04-03.