Dram Shop Liability Complaint

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. Count II - Common Law Negligence
7. Damages
8. Separate Jury Demand
9. Prayer for Relief
10. Verification
11. State-Specific Notes
12. 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.

5. Venue is proper in this judicial district pursuant to Alaska Civil Rule 3(c) because the acts giving rise to this claim occurred in [________________________________], Alaska.

FACTUAL ALLEGATIONS

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

7. The Establishment Defendant, through its agents, employees, or servants, sold, served, or furnished 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 continued to sell, serve, or furnish alcoholic beverages.

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

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

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

COUNT I - STATUTORY DRAM SHOP LIABILITY (AS 04.21.020)

13. Plaintiff re-alleges and incorporates paragraphs 1 through 12 as though fully set forth herein.

14. Pursuant to AS 04.21.020, a licensee or agent or employee of the licensee who furnishes or delivers alcoholic beverages to a drunken person is civilly liable for injuries caused by the intoxication of that person.

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

16. The Establishment Defendant, through its agents or employees, furnished or delivered alcoholic beverages to the Intoxicated Person while the Intoxicated Person was in a drunken condition.

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

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

COUNT II - COMMON LAW NEGLIGENCE

19. Plaintiff re-alleges and incorporates paragraphs 1 through 12 as though fully set forth herein.

20. The Establishment Defendant owed a duty of care to Plaintiff and to the general public not to serve alcoholic beverages to drunken persons.

21. The Establishment Defendant breached this duty by continuing to serve the Intoxicated Person despite observable signs of drunkenness.

22. The Establishment Defendant's breach was a proximate cause of Plaintiff's injuries.

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

DAMAGES

24. 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

[COPY COMPLETE CAPTION AND CASE NUMBER HERE]

25. 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: Licensees are liable for serving a "drunken person" or a person under 21.
• Social Host Liability: AS 04.21.020(d) creates liability for persons who knowingly furnish alcohol to persons under 21.
• Comparative Fault: Alaska applies pure comparative fault; Plaintiff's recovery is reduced by their percentage of fault.
• Statute of Limitations: Two years from date of injury (AS 09.10.070).
• Voluntary Consumption Defense: Voluntary consumption by the recipient is not a defense in certain dram shop actions.
• 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)
• Gonzales v. Safeway Stores, 799 P.2d 1318 (Alaska 1990)
• Kavorkian v. Tommy's Elbow Room, Inc., 711 P.2d 521 (Alaska 1985)