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Subdivision 1.Notice of injury.
A person who claims damages and a person or insurer who claims contribution or indemnity from a licensed retailer of alcoholic beverages or municipal liquor store for or because of an injury within the scope of section 340A.801 must give a written notice to the licensee or municipality stating:
(1) the time and date when and person to whom the alcoholic beverages were sold or bartered;
(2) the name and address of the person or persons who were injured or whose property was damaged; and
(3) the approximate time and date, and the place where the injury to person or property occurred.
A licensee or municipality who claims contribution or indemnification from another licensee or municipality must give a written notice to the other licensee or municipality in the form and manner specified in this section.
An error or omission in the notice does not void the notice's effect if the notice is otherwise valid unless the error or omission is of a substantially material nature.
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Subd. 2.Limitations; content.
In 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. No action for damage or for contribution or indemnity may be maintained unless the notice has been given. If requested to do so, a municipality or licensee receiving a notice shall promptly furnish claimant's attorney the names and addresses of other municipalities or licensees who sold or bartered liquor to the person identified in the notice, if known. Actual notice of sufficient facts reasonably to put the licensee or governing body of the municipality on notice of a possible claim complies with the notice requirement.
No action may be maintained under section 340A.801 unless commenced within two years after the injury.
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Subd. 3.Bad faith notice.
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.
Notes of Decisions
Wood v. Diamonds Sports Bar & Grill, Inc., 654 N.W.2d 704 (Minn. Ct. App. 2002).
· cites it 30× “Appellant, the defendant in a dram-shop action, challenges the district court’s denial *706 of summary judgment on the jurisdictional question of whether respondent complied with the notice requirement of Minn.Stat. § 340A.802 (2002) in making her claim for damages.”
Schulte v. Corner Club Bar, 544 N.W.2d 486 (Minn. 1996).
· cites it 64× “Written notice of the claim to respondent bars within 120 days of entering an attorney-client relationship was admittedly not provided as required by Minn. Stat. § 340A.802 (1992), but appellants claim that they satisfied the notice requirement because respondent bars had actual…”
Wallin v. Letourneau, 534 N.W.2d 712 (Minn. 1995).
· cites it 28× “The district court, in granting Leaders’ Enterprises summary judgment, found: (1) that the Wallins failed to give Leaders’ Enterprises written notice of their damage claim as required by the Civil Damages Act, Minn.”
May v. Strecker, 453 N.W.2d 549 (Minn. Ct. App. 1990).
· cites it 18× “At the post-trial hearing the court, in an effort to determine if notice had properly been given pursuant to Minn.Stat. § 340A.802, subds. 1, 2 (Supp.”
Whitener Ex Rel. Miller v. Dahl, 625 N.W.2d 827 (Minn. 2001).
· cites it 8× “Respondent moved for summary judgment on the basis that the action was not commenced within two years after the injury as required by Minn.Stat. § 340A.802, subd. 2 (2000). Appellants argued that their suit was timely because each appellant is younger than age 18 and under the…”
Oslund v. Johnson, 578 N.W.2d 353 (Minn. 1998).
· cites it 16× “The two bars brought motions” for summary judgment, arguing that Johnson had failed to meet the notice requirement of Minn.Stat. § 340A.802, subd. 2, which provides in part: In the case of claims for contribution or indemnity [from a liquor vendor], * * * notice [of the claim]…”
Olson v. Blaeser, 458 N.W.2d 113 (Minn. Ct. App. 1990).
· cites it 20× “The trial court granted summary judgment for the city based on appellant’s failure to comply with the 120-day notice of claim provision of Minn.Stat. § 340A.802, subd. 2. Appellant contends that the city had actual notice of his claim *115 within the 120-day period.”
Urban Ex Rel. Urban v. Am. Legion Post 184, 695 N.W.2d 153 (Minn. Ct. App. 2005).
· cites it 4× “Minn.Stat. § 340A.802, subds. 1, 2 (2004), requires that persons claiming damages "from a licensed retailer of alcoholic beverages or municipal liquor store .”
Brua v. Olson, 621 N.W.2d 472 (Minn. Ct. App. 2001).
· cites it 10× “On April 3, 1997, appellant served a “notice of injury” on respondent bar in compliance with Minn. Stat. § 340A.802 (2000). Over two and one half years after the accident, on August 11, 1999, Brua commenced an action against appellant for the injuries he sustained.”
Nisbet v. Hennepin Cnty., 548 N.W.2d 314 (Minn. Ct. App. 1996).
· cites it 6× “1 was a jurisdictional defect, the district court relied on an analogy between that statute and Minn.Stat. § 340A.802 (1992), .a notice statute governing causes of action for injuries resulting from intoxication by the *321 illegal sale of alcoholic beverages.”
Young v. 2911 CORP., 529 N.W.2d 715 (Minn. Ct. App. 1995).
· cites it 10× “Determining whether the notice provisions of Minn.Stat. § 340A.802 have been complied with is a jurisdictional matter to be disposed of by the court before trial.”
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