Parties: Defendants “Who can be Sued?”

Q. WHO MAY BE SUED UNDER THE DRAM SHOP ACT?

A. Commercial vendors of alcohol may be sued under the dram shop act. This
includes municipal liquor stores.

Q. CAN PRIVATE PERSONS BE SUED UNDER THE DRAMSHOP ACT?

A. In 1991 and again in 2000 the legislature passed bills that would allow a
common law suit against a social host who gave liquor to a minor if harm
resulted. (See section on social host).

Q. CAN CASINOS BE SUED?

A. Casinos are located on Native American land which is considered “sovereign”
land. Sovereign land is treated much like a foreign country and not subject to
the laws of the state. However, the State of Minnesota has jurisdiction over
Native American tribal land for the enforcement of state criminal laws but does
not have jurisdiction over Native American territory for the enforcement of civil
laws. A civil lawsuit against a casino must be brought before the Tribal Council.