Who has the right to sue the bar that over-served the drunk driver who seriously injured or killed another person?

The following persons can file a lawsuit against the bar that over served the intoxicated person who caused the crash.:

Any dependents can recover for loss of means of support, property loss and pecuniary loss. Any dependents include the following: a spouse, child, parent, guardian, employer, or other person, injured in property or means of support.

Will the dependents be punished by the fact that the intoxicated person was partly at fault for their own injury?

No. Comparative fault will not be charged against the family of the allegedly intoxicated person.

Does the person who is injured by their own intoxication have a right to sue the establishment?

The law does not allow the intoxicated person to sue the bar for causing their injury, no matter what. If he/she dies as a result of the intoxication, their estate cannot sue, but the family members as dependents can sue. Minn. Stat. 340A.801. subd. 1.

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