Damages: Who Pays?

Q. How Does the Concept Of Right Of Contribution Work In A Drunk Driving/Dramshop Crash?

A. The right of contribution between defendants is allowed in dram shop actions as in most other personal injury situations.

Minn. Stat. '604.01 subd 1. controls and states:
Contributory fault does not bar recovery in an action by any person or the person's legal representative to recover damages for fault resulting in death, in injury to person or property, or in economic loss, if the contributory fault was not greater than the fault of the person against whom recovery is sought, but any damages allowed must be diminished in proportion to the amount of fault attributable to the person recovering. The court may, and when requested by any party shall, direct the jury to find separate special verdicts determining the amount of damages and the percentage of fault attributable to each party and the court shall then reduce the amount of damages in proportion to the amount of fault attributable to the person recovering.

If there are two or more defendants, their degree of fault is measured and if anyone of the defendants is found to be more than 50% at fault, they may be made to pay the entire amount of the damages. The question of who pays what percentages is a jury question that is case specific.

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