(dissenting in part and concurring in part).
I agree with the court’s conclusion that the appellants in this case failed to carry their burden of establishing that the owner of Mike’s Bar had actual notice of sufficient facts reasonably to put him on notice of a possible claim within the statutory time frame set out in Minn.Stat. § 340A.802, subd. 2 (1992). I respectfully disagree, however, with the court’s conclusion as it relates to the Corner Club Bar.
Section 340A.802, subdivision 1, requires a claimant under the Dram Shop Act to give written notice to the licensed retailer. Written notice under the statute need only contain the following information: (1) the time and date when and person to whom the alcoholic beverages were sold or bartered; *490(2) the name and address of the person or persons who were injured or whose property was damaged; and (3) the approximate time, date, and place where the injury to person or property occurred. Minn.Stat. § 340A.802, subd. 1(1), (2), and (3) (1992). The written notice “must be served by the claimant’s attorney within 120 days of the date of entering an attorney-client relationship with the person in regard to the claim.” Minn.Stat. § 340A.802, subd. 2. Subdivision 2 also provides that “[ajctual notice of sufficient facts reasonably to put the licensee * * * on notice of a possible claim complies with the notice requirement.” Id. (emphasis added).
From the record before us, it is clear that appellants have met their burden of establishing that Herbert Stansberry, the owner of the Corner Club Bar, had “[ajctual notice of sufficient facts reasonably to put [him] * * * on notice of a possible claim” under the Dram Shop Act arising as a result of Ben Schulte’s death. Id. Within two hours of the discovery of Ben Schulte’s body, Stans-berry had all of the information required for written notice under section 340A.802, subdivision 1, which a person who claims damages under the Dram Shop Act is required to give. Stansberry knew that he had served Ben Schulte alcoholic beverages between 12:00 and 12:30 a.m. on January 26, 1993. He knew that Ben Schulte, a regular customer, had been killed in a snowmobile accident, and he knew that Ben Schulte had been killed within one-half mile of the Corner Club Bar sometime between 12:30 a.m. and approximately 9:00 a.m. on January 26, 1993. He also knew more. He knew that Ben Schulte had arrived at the Corner Club Bar on his snowmobile. He knew that he had served Ben Schulte two brandy and coke drinks within a 30-minute time period. He also knew that Ben Schulte left the Corner Club Bar on a snowmobile after finishing the second drink and that at that time it was snowing so hard that he (Stansberry) could hardly see to drive his own pickup truck.
The statutory notice requirement is met when the licensee has “[ajctual notice of sufficient facts reasonably to put [him] * * * on notice of a possible claim.” Id. (emphasis added). Based on the facts before us, I would hold that, on that basis, the appellants met their burden of establishing compliance with the statutory notice requirements.
The court’s decision adds to the actual notice requirement of section 340A.802, subdivision 2, the additional requirements that the licensee must have knowledge that the person who was served the drinks showed obvious signs of intoxication and that the sale to that person was an illegal sale. In essence, the court has amended the actual notice provision of Minn.Stat. § 340A.802, subd. 2, to require that the licensee have actual notice of a valid claim.
Therefore, I dissent.