Minn. Stat. § 342.81

Current through Register Vol. 49, No. 8, August 19, 2024
Section 342.81 - CIVIL ACTIONS
Subdivision 1.Right of action.

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 or by the intoxication of another person, has a right of action in the person's own name for all damages sustained against a person who caused the intoxication of that person by illegally selling cannabis flower, cannabis products, lower-potency hemp edibles, or hemp-derived consumer products, or selling edible cannabinoid products as defined in section 151.72, subdivision 1, paragraph (g), for on-site consumption. 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.Actions.

All suits for damages under this section must be by civil action in a court of this state having jurisdiction.

Subd. 3.Comparative negligence.

Actions under this section are governed by section 604.01.

Subd. 4.Defense.

It is a defense for the defendant to prove by a preponderance of the evidence that the defendant reasonably and in good faith relied upon representations of proof of age in selling, bartering, furnishing, or giving the cannabis flower, cannabis products, lower-potency hemp edibles, hemp-derived consumer products, or edible cannabinoid products.

Subd. 5.Common law claims.

Nothing in this chapter precludes common law tort claims against any person 21 years old or older who knowingly provides or furnishes cannabis flower, cannabis products, lower-potency hemp edibles, hemp-derived consumer products, or edible cannabinoid products to a person under the age of 21 years.

Minn. Stat. § 342.81

Added by 2023 Minn. Laws, ch. 63,s 1-73, eff. 7/1/2023.