What things must be proven in court when bringing a Dram Shop Claim?
The Dram Shop statute requires:
1. The sale "contributed" to the driver's intoxication and the intoxication is a direct cause of the victim's injuries or damages. These can include medical bills, lost wages, property damage, and pain and suffering. Additionally, the surviving family of a victim who passes away as a result of the accident can also sue for loss of support.
3. A Wrongful Death claim may be made by the victim's survivors directly against the drunk driver. If the survivors make a Dram Shop claim, the survivors must each bring it individually.
4. A claim for punitive damages may be pursued against the drunk driver. If the drunk driver's blood alcohol level tests above .08, you have a right to make a motion before a judge to add a claim for punitive damages pursuant to Minn. Stat 169A.76.