Social Host Claims
At Lord & Faris Law Office, we have a unique personal understanding of the impact a drunk driving-related accident can have on an injured person or the family of someone killed by a drunk driver. The legal rights involved in a car accident and/or a Social Host claim are very complicated. Based on our experience, we can evaluate your case and determine what legal action and benefits may be available.
The Social Host Injury attorneys at Lord & Faris have the experience, dedication and determination to take on the wrong-doers. The lifetime legal experience of 130 years found in our Minneapolis Personal Injury Lawyers represents the courage and commitment you want in your attorneys. Call us immediately at 612-333-LORD.
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Lord & Faris has 3 conveniently located offices in down towns St. Paul, Minneapolis and Excelsior. Free parking is provided. Lord & Faris have a very experienced staff of Social Host Injury lawyers and attorneys, paralegals and medical professionals who work as a team on every case in order to obtain the best settlement or jury verdict you deserve. Our experienced Social Host Injury team knows that under Minnesota law, car or truck crashes as a result of a drunk driver’s negligence can be debilitating and life changing.
By law, parties injured by a drunk driver in an car accident or truck crash, may be entitled to compensation for repairs or other property loss, medical costs, lost wages, pain and suffering, and any permanent or disfiguring injury or death and possibly a Social Host claim depending on the individual circumstances. The Social Host Injury attorneys at Lord & Faris will fight to win the fair compensation that you deserve.
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Imagine not having to worry about the details of your legal claim. To give you the peace of mind you deserve, and to take the anxiety out of pursuing a personal injury or other claim, we work hard to take over the details of your claim by coordinating every aspect so you can focus on more important matters like health, family and work. Our experience and passion for our clients makes all the difference.
Q. What Is Social Host Liability?
A. Under Minnesota social host liability laws, adults who serve or provide alcohol to minors can be held liable if the person who was provided alcohol kills or injures another person. Minnesota does not allow a civil cause of action against a social host who provides alcohol to those who are 21 or over. http://www.epi.umn.edu/alcohol/policy/hostliab.shtm
Q. Why Is Social Host Liability Important?
A. The most common sources of alcohol are the young person’s own home or from persons over the age of 21 who purchase alcohol for them. Social host liability may deter parents and other adults from hosting underage parties and purchasing/providing alcohol for underage youth. The law protects minors from injuring themselves and others because of their illegal consumption of alcohol. This bill has given parents the courage to say “No” to underage consumption of alcohol.
340A.90 CIVIL ACTION; INTOXICATION OF PERSON UNDER AGE 21.
Subdivision 1. Right of action. (a). A spouse, child, parent, guardian, employer, or other person injured in person, property, or means of support, or who incurs other pecuniary loss, by an intoxicated person under 21 years of age or by the intoxication of another person under 21 years of age, has for all damages sustained a right of action in the person’s own name against a person who is 21 years or older who:
(1) had control over the premises and, being in a reasonable position to prevent the consumption of alcoholic beverages by that person, knowingly or recklessly permitted that consumption and the consumption caused the intoxication of that person; or
(2) sold, bartered, furnished or gave to, or purchased for a person under the age of 21 years alcoholic beverages that caused the intoxication of that person. This paragraph does not apply to sales licensed under this chapter.
(b) All damages recovered by a minor under this section must be paid either to the minor or to the minor’s parent, guardian, or next friend as the court directs.
(c) An intoxicated person under the age of 21 years who caused the injury has no right of action under this section.
Subd. 2. Subrogation claims denied. There shall be no recovery by any insurance company for any subrogation claim pursuant to any subrogation clause of the uninsured, underinsured, collision, or other first-party coverages of a motor vehicle insurance policy as a result of payments made by the company to persons who have claims that arise in whole or in part under this section.
Subd. 3. [Expired]History: 2000 c 423 s 1 Coverage excludes (a) there shall be no coverage for liability created under this section under homeowner’s insurance as defined under section 65A.27 unless:
a. specifically covered in a policy; or
b. covered by a rider attached to a policy
c. this subdivision expires on December 31, 2001.
Q. Does Home Owner’s Insurance cover me for Social Host liability?
A. As of 2009 most Home Owner’s Insurance companies do NOT cover for Social Host liability. The lack of Home Owner’s Insurance coverage make this law useless unless the wrongdoer has sufficient assets to cover the damages. The lack of coverage is certainly against public policy.
Q. On top of civil liabilities, are there serious criminal penalties for Social Hosts?
A. Yes. “The Brockway Bill” which is Minnesota Stat. 340A.503 was passed on May 24, 1999 also known as “Kevin’s Law.” This bill increases criminal penalties on adult providers from a gross misdemeanor to a felony in certain cases. No one may sell or give alcoholic beverages to a person under 21 years of age. The penalty for this crime increases to a felony if alcohol is furnished to an underage purchaser, and the purchaser becomes intoxicated and suffers or causes great bodily harm or death. On top of state law, some municipalities have enacted additional criminal statutes. Minn. Stat. §§ 340A.503; 340A.701;340A.702
In addition to 340A.503, “Not A Drop” (Minn. Stat. 169A.55 subd.2) states
“It is a crime for a person under the age of 21 years to drive, operate, or be in physical control of a motor vehicle while consuming alcoholic beverages, or after having consumed alcoholic beverages while there is physical evidence of the consumption present in the person’s body. The violation is a misdemeanor and the person’s driver’s license or permit is suspended for 30 days or 180 days if it is the second or more offense.
See “Not A Drop” (Link)
Q. Is there a time limitation in which to bring a claim against the Social Host?
A. The statute of limitations is 6 years and there is no notice of 240 days as there is in a Dram Shop claim.
Q. Is there a social host liability for adults over-serving adults?
A. No. Social Host only applies to adults serving liquor to minors, not adults.
Q. I heard that liquor stores must register kegs of beer. Why is that?
A. According to Minn Stat 340A.513 the sale of beer kegs must be registered to the person who purchases the keg for tracing purposes. Beer Keg Registration Law.
Here are some resources to help you understand social host claims. Please consult an attorney at Lord & Faris if you think you have a social host claim.
Comparison Of Dram Shop vs Social Host Law -
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111 Third Ave South
Minneapolis, MN 55401
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