Dram Shop Liquor Liability Claim
If you have been hit by a drunk driver, a dram shop claim can be a major component of the motor vehicle accident case.
A dram shop is any establishment that sells alcohol, such as a liquor store, bar, restaurant and even a private event. In the event of a drunk driving injury accident, if any dram shop violations were committed a claim may be filed against the offender. Dram shop violations include:
- Selling liquor to an obviously intoxicated patron
- Selling liquor without a license
- Selling liquor to a minor
- Selling liquor after hours
Our dram shop liability lawyers can help you determine if a dram shop violation had any bearing on your car accident. If you retain Pritzker Olsen. P.A., we will act quickly when pursuing a dram shop case in order to protect your rights. Verifying the intoxication of a patron usually relies on the eyewitness testimony. The sooner we start the process, the easier it is to locate the witnesses and the clearer and more accurate the details.
The statute of limitations governing the dram shop portion of an accident case is much shorter than those that apply to the rest of the case. If a dram shop claim is not made within that time frame, you may lose the right to pursue the claim at all.
You may contact Pritzker Olsen, P.A. about a potential dram shop claim, by calling toll-free at 1-888-377-8900 or fill in our online-consultation form.
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Killed By Drunk Driver
According to Minnesota Statute, Section 169A, it is a violation of Minnesota law to drive with an alcohol concentration of .08 or greater. If a motor vehicle driver is in violation of this law, it is prima facie (at first view) evidence of negligence in a civil case (Minnesota Statutes, Section 169.96). This does not guarantee a win against the drunk driver, but it does mean that the person injured by the drunk driver has a good case.
Qualifying compensation if you have been injured by a Minnesota drunk driver:
- Medical expenses
- Lost income
- Pain and suffering (physical pain, disfigurement, disability, emotional distress)
- Cost of associated care expenses
- Punitive damages may be awarded if proven that the drunk driver deliberately disregarded the rights or safety of others
If someone is killed by a drunk driver in Minnesota, the spouse and next of kin may have a claim for the following under the MN wrongful death statute:
- Funeral expenses
- Medical expenses
- Loss of potential earnings
- Loss of advice, assistance, protection and counsel
- Loss of comfort and society
- Punitive damages (again, if proven there was disregard for the safety or rights of others)
Pritzker Olsen, P.A. won $6,000,000 on behalf of a 26 year-old whose right leg was amputated when the motorcycle on which she was a passenger was struck by a drunk driver. To contact a Minnesota car accident lawyer at Pritzker Olsen for a free consultation, please call toll-free at 1-888-377-8900 or submit the firm’s online consultation form.
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Drunk Driving Accident Prevention: Operation NightCAP DWI Arrests up in July
According to the Minnesota Department of Public Safety, July Operation NightCAP (nighttime concentrated alcohol patrol) DWI enforcement campaigns resulted in 196 DWI arrests — the highest monthly total for DWI arrests in 2009.
“Arresting DWI offenders is a team effort,” says Lt. Matt Langer of the Minnesota State Patrol. “We all go out with the common goal of protecting Minnesota motorists by arresting drunk drivers.”
According to Langer, DWI enforcement efforts are vital during the summer driving season when drunk driving and alcohol-related fatalities spike. During July, August and September in 2006–2008, drunk driving accidents accounted for 164 deaths — representing 32 percent of all alcohol-related deaths for the three-year period.
During 2006–2008, traffic crashes killed 1,459 people on Minnesota roads — 519 were alcohol related. Historically, more than 30 percent of all fatal traffic crashes are alcohol-related.
NightCAP targets the 13 deadliest counties for impaired driving: Anoka, Blue Earth, Crow Wing, Dakota, Hennepin, Itasca, Ramsey, Rice, St. Louis, Sherburne, Stearns, Washington and Wright. During 2005–2007, these counties accounted for more than half of the state’s alcohol-related deaths (272) and serious injuries (663).
NightCAP efforts have generated 1,284 DWI arrests since enhanced DWI patrols began in fall 2008: Anoka (372), Blue Earth (89), Crow Wing (26), Dakota (61), Hennepin (270), Itasca (36), Ramsey (165), Rice (43), St. Louis (61), Sherburne (66), Stearns (36), Washington (36) and Wright (23).
NightCAP is funded by the National Highway Traffic Safety Administration and is coordinated by the Minnesota Department of Public Safety. The program combines city, county and state law enforcement agencies to target specific roadways where impaired driving is likely.
