Minnesota Statutes

Minn. Stat. § 340A.90 (2026)

Civil Action; Intoxication Of Person Under Age 21

✓ current as of May 2026

Find cases: SyfertCases citing this section MN-REVrevisor.mn.gov (official) Justiaon Justia CornellLII Search CasesGoogle Scholar

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.

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.

MS 2000 [Expired]

Notes of Decisions

Cited in 6 cases, 2007–2019 · leading case: Shank v. Carleton Coll., 232 F. Supp. 3d 1100 (D. Minnesota 2017).

Sort: Relevance Newest Treatment

Shank v. Carleton Coll., 232 F. Supp. 3d 1100 (D. Minnesota 2017). · cites it 13× “Finally, the Court grants the motion with respect to Shank’s claims of negligence per se, social-host liability under Minn. Stat. § 340A.90, and breach of contract.”

Christiansen v. Univ. of Minnesota Bd. of Regents, 733 N.W.2d 156 (Minn. Ct. App. 2007). · cites it 28× “* Appellant, a social host who provided alcohol to a minor, moved to dismiss an action brought against him under Minn. Stat. § 340A.90 (2004) on the ground that Minn.”

Juliano v. Simpson, 461 Mass. 527 (Mass. 2012). “§ 663-41 (West 2008) (applies to hosts twenty-one years or older); Minn. Stat. § 340A.90 (2010) (applies to hosts twenty-one or older); Neb.”

Farmers Ins. Exch. v. Letellier, 820 N.W.2d 597 (Minn. Ct. App. 2012). · cites it 2× “’s injuries arose out of the use of a motor vehicle, appellants’ potential legal liability for damages arose under the social-host-liability statute, Minn.Stat. § 340A.90 (2010). That statute provides: A spouse, child, .”

Shank v. Carleton Coll. (D. Minnesota 2018). “§§ 701–95, the Minnesota Social Host Liability statute, Minnesota Statutes § 340A.90, and other related Minnesota state law claims, including intentional infliction of emotional distress (“IIED”).”

Shank v. Carleton Coll. (D. Minnesota 2019). “90, was dismissed because the Court determined “that § 340A.90 imposes liability only on natural persons age 21 or older.”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.