Time Limitations (Statute of Limitations) in Which to File the Claim

Q. What Is The Statute Of Limitation In A Dram Shop Action? 

A. Two Years! The statute of limitations requires that a dram shop action be brought within 2 years of the date of injury or death. Minn. Stat. 340A.802 (2006).

Q. Is There Any Notice (Warning) Requirement? 

A. The defendant bar must have notice of plaintiff’s intent to make a claim within 240 days of the date following which the claimant entered into an attorney-client relationship in regard to the claim. Minn. Stat. 340A.802, subd. 2. which states iIn the case of a claim for damages, the notice must be served by the claimant's attorney within 240 days of the date of entering an attorney-client relationship with the person in regard to the claim. In the case of claims for contribution or indemnity, the notice must be served within 120 days after the injury occurs or within 60 days after receiving written notice of a claim for contribution or indemnity, whichever is applicable.

Q. What Must The Notice Include? 

A. The attorney must send notice to the bar that includes the following:

1. The time, date and person to whom liquor was furnished,

2. The name and address of the person who was injured or whose property was damaged,

3. And the approximate time and date where the injury or property loss occurred.

4. Bar gossip is not sufficient notice to a bar.

Note: Under Minn. Stat. 340A.802, subd. 3, a claimant who in bad faith gives notice to a licensee who did not sell or barter liquor to the alleged intoxicated person is subject to liability for actual damages, which shall include the reasonable out-of-pocket attorney fees incurred by the licensee in the defense of the bad faith notice.

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