Damages: Deduction for Benefits Paid

Q. IS THE LIQUOR ESTABLISHMENT ENTITLED TO A DEDUCTION OF
NO- FAULT BENEFITS FROM A JURY AWARD?

A. No!! Deduction is only allowed in an automobile negligence award from a jury.
1. Minn. Statute § 65B.51 subd. 1, which requires a deduction of basic
economic loss benefits paid from a claim for negligence arising out of the
maintenance or use of a motor vehicle, does not apply in a dram shop action.
The dramshop action is based on strict liability, not negligence.