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July 13, 2021 INSIGHTS
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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…