Dram Shop Liability Complaint - Alaska

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Count I - Statutory Dram Shop Liability (AS 04.21.020)
6. Damages
7. Separate Jury Demand
8. Prayer for Relief
9. Verification
10. State-Specific Notes
11. Sources and References

CAPTION

IN THE SUPERIOR COURT FOR THE STATE OF ALASKA
[________________________________] JUDICIAL DISTRICT AT [________________________________]

[________________________________],
Plaintiff,

v.

[________________________________] (d/b/a [________________________________]),
Defendant(s).

Case No.: [________________________________]

PARTIES

1. Plaintiff [________________________________] is a resident of [________________________________], Alaska, and is the person injured as a result of the acts described herein.

2. Defendant [________________________________] (hereinafter "Establishment Defendant") is a licensee under Alaska's alcoholic beverage control laws, operating as [________________________________], located at [________________________________], Alaska.

3. [________________________________] (hereinafter "Intoxicated Person") was at all relevant times a patron of the Establishment Defendant who was served alcoholic beverages in violation of Alaska law.

JURISDICTION AND VENUE

4. This Court has jurisdiction over this action pursuant to AS 22.10.020(a). Plaintiff claims more than $100,000 in damages against each Defendant, exclusive of costs, interest, and attorney fees. [Use this superior court form only if the claim satisfies that amount or another applicable basis permits filing there; otherwise adapt the caption and jurisdiction allegation for district court. See AS 22.15.030(a)(1), (b).]

5. Venue is proper in this judicial district pursuant to Alaska Civil Rule 3(c) because the claim arose in [________________________________], Alaska, and Defendant can be personally served within an Alaska judicial district.

FACTUAL ALLEGATIONS

6. On or about [__/__/____], the Intoxicated Person entered the Establishment Defendant's premises at [________________________________].

7. The Establishment Defendant, through its agents or employees, sold, gave, or bartered alcoholic beverages to the Intoxicated Person.

8. At the time of service, the Intoxicated Person was a "drunken person" within the meaning of Alaska law, as evidenced by:

☐ Slurred speech
☐ Unsteady gait or impaired balance
☐ Glassy or bloodshot eyes
☐ Aggressive or erratic behavior
☐ Difficulty with motor coordination
☐ Strong odor of alcohol
☐ Other: [________________________________]

9. Despite the Intoxicated Person's drunken condition, the Establishment Defendant sold, gave, or bartered alcoholic beverages to that person.

10. The Establishment Defendant, through its agent or employee, failed to perceive the substantial and unjustifiable risk that the Intoxicated Person was drunken; that failure was a gross deviation from the care a reasonable person would observe in the circumstances. The observable facts supporting this allegation are [________________________________].

11. Following the service of alcoholic beverages, the Intoxicated Person [________________________________] [describe the injurious conduct].

12. The Intoxicated Person's intoxication substantially contributed to the injuries and damages sustained by Plaintiff.

13. Plaintiff suffered injuries including but not limited to [________________________________].

COUNT I - STATUTORY DRAM SHOP LIABILITY (AS 04.21.020)

14. Plaintiff re-alleges and incorporates paragraphs 1 through 13 as though fully set forth herein.

15. Under AS 04.21.020(a)(2), a licensee or its agent or employee may be held civilly liable for injuries resulting from a person's intoxication when alcoholic beverages are provided to a drunken person in violation of AS 04.16.030(a), which requires criminal negligence.

16. The Establishment Defendant is a licensee under Alaska alcoholic beverage control laws.

17. The Establishment Defendant, through its agents or employees, sold, gave, or bartered alcoholic beverages to the Intoxicated Person while the Intoxicated Person was a drunken person and did so with criminal negligence as alleged in paragraphs 8 and 10.

18. The Intoxicated Person's intoxication substantially contributed to the injuries and damages sustained by Plaintiff.

19. As a direct and proximate result, Plaintiff has suffered damages as set forth herein.

DAMAGES

20. As a direct and proximate result of the Defendant's conduct, Plaintiff has suffered:

☐ Past and future medical expenses: $[________________________________]
☐ Past and future lost wages and earning capacity: $[________________________________]
☐ Pain and suffering: $[________________________________]
☐ Mental anguish and emotional distress: $[________________________________]
☐ Loss of enjoyment of life: $[________________________________]
☐ Property damage: $[________________________________]
☐ Other: [________________________________]

SEPARATE JURY DEMAND

File this demand as its own document. Copy this section and the complete case caption into a separate document. Sign and serve that demand no later than 10 days after service of the last pleading directed to the jury-triable issue; file it with the court. An embedded demand in this complaint does not meet Alaska Civil Rule 38(b), (d).

[COPY COMPLETE CAPTION AND CASE NUMBER HERE]

21. Plaintiff separately demands a trial by jury on all issues so triable under Alaska Civil Rule 38.

DATED: [__/__/____]

Signature: ________________________________________

Printed name / Alaska Bar No.: [________________________________]

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court:

a. Enter judgment against Defendant(s) and in favor of Plaintiff;
b. Award compensatory damages in an amount to be determined at trial;
c. Award pre-judgment and post-judgment interest as provided by law;
d. Award costs and attorney's fees as permitted by law;
e. Grant such other and further relief as this Court deems just and equitable.

VERIFICATION

STATE OF ALASKA
[________________________________] JUDICIAL DISTRICT

I, [________________________________], being duly sworn, state that I have read the foregoing Complaint and that the facts stated therein are true and correct to the best of my knowledge, information, and belief.

_____________________________________________
[________________________________], Plaintiff

Sworn to and subscribed before me this [____] day of [________________________________], [____].

_____________________________________________
Notary Public
My Commission Expires: [__/__/____]

Respectfully submitted,

_____________________________________________
[________________________________]
Attorney for Plaintiff
[________________________________]
[________________________________]
Alaska Bar No.: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

STATE-SPECIFIC NOTES

• Statute: AS 04.21.020 governs civil liability of alcohol providers in Alaska.
• Licensee Liability: For the pleaded drunken-person route, AS 04.21.020(a)(2) requires a violation of AS 04.16.030(a), including criminal negligence. The under-21 route has different conditions under AS 04.21.020(a)(1).
• Social Host Liability: AS 04.21.020(d) creates liability for persons who knowingly furnish alcohol to persons under 21.
• Comparative Fault: In an action based on fault, AS 09.17.060 proportionately reduces compensatory damages for claimant fault without barring recovery.
• Statute of Limitations: AS 09.10.070 generally requires an applicable personal-injury claim to be commenced within two years of accrual, subject to other law; determine accrual and any exception for the particular claim.
• Court Selection: AS 22.15.030(a)(1), (b) gives district court concurrent jurisdiction over money or damages claims of no more than $100,000 against each defendant, exclusive of costs, interest, and attorney fees. AS 22.10.020(a) generally bars filing those claims in superior court unless a court rule permits it.
• Voluntary Consumption Defense: AS 04.21.020(c) expressly addresses actions under subsections (b) and (d); do not assume it governs this subsection (a)(2) claim.
• Key Distinction: The statute distinguishes between licensees and private persons regarding the scope of liability.

SOURCES AND REFERENCES

• AS 04.21.020 (Civil Liability for Alcohol Providers)
• AS 09.10.070 (Statute of Limitations)