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July 13, 2021 INSIGHTS

Using an Alleged Intoxicated Person’s Fault to Reduce Damages Awards in Dram Shop Cases

It has been the conventional wisdom in Minnesota that the Minnesota Dram Shop Act, Minn. Stat. § 340A.801 & .802, operates as a penal “strict liability” statute of sorts against restaurants and bars that overserve an alleged intoxicated person (AIP) that then injures himself/herself or dies, resulting in a dram shop claim from the AIP’s…