Dram Shop Liability Complaint

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TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Count I - Dram Shop Liability (Ala. Code § 6-5-71)
6. Count II - Common Law Negligence
7. Damages
8. Jury Demand
9. Prayer for Relief
10. Verification
11. State-Specific Notes
12. Sources and References

CAPTION

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ALABAMA

[________________________________],
Plaintiff,

v.

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

Civil Action No.: [________________________________]

PARTIES

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

2. Defendant [________________________________] (hereinafter "Establishment Defendant") is an individual, corporation, or other entity licensed to sell alcoholic beverages in the State of Alabama, doing business as [________________________________], located at [________________________________], [________________________________] County, Alabama.

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

JURISDICTION AND VENUE

4. This Court has subject matter jurisdiction over this action pursuant to Ala. Code § 12-11-30, the amount in controversy exceeding the jurisdictional minimum.

5. Venue is proper in this Court pursuant to Ala. Code § 6-3-2 because the acts giving rise to this claim occurred in [________________________________] County, Alabama.

FACTUAL ALLEGATIONS

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

7. While on the premises, the Establishment Defendant, through its agents, employees, or servants, sold, furnished, or served alcoholic beverages to the Intoxicated Person.

8. At the time of service, the Intoxicated Person was visibly intoxicated, as evidenced by the following observable signs:

☐ Slurred speech
☐ Unsteady gait or difficulty standing
☐ Glassy or bloodshot eyes
☐ Loud, boisterous, or aggressive behavior
☐ Difficulty handling money or objects
☐ Odor of alcohol on breath
☐ Other: [________________________________]

9. Despite the Intoxicated Person's visible intoxication, the Establishment Defendant knowingly continued to sell, furnish, or serve alcoholic beverages to the Intoxicated Person.

10. The Establishment Defendant knew or should have known that the Intoxicated Person was visibly intoxicated at the time alcoholic beverages were sold, furnished, or served.

11. Following the service of alcoholic beverages, the Intoxicated Person [________________________________] [describe the injurious act, e.g., "operated a motor vehicle and collided with Plaintiff's vehicle"].

12. As a direct and proximate result of the Intoxicated Person's intoxication, Plaintiff suffered injuries including but not limited to [________________________________].

COUNT I - DRAM SHOP LIABILITY (Ala. Code § 6-5-71)

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

14. Pursuant to Ala. Code § 6-5-71, any person who knowingly sells, furnishes, or serves alcoholic beverages contrary to the provisions of law to a person who is visibly intoxicated, when such sale or service is the proximate cause of injury or death to any person, shall be liable for such injury or death.

15. The Establishment Defendant knowingly sold, furnished, or served alcoholic beverages to the Intoxicated Person contrary to law, in that the Intoxicated Person was visibly intoxicated at the time of service.

16. The Establishment Defendant's sale, furnishing, or service of alcoholic beverages was the proximate cause of the injuries and damages sustained by Plaintiff.

17. As a result, Plaintiff is entitled to recover compensatory damages and exemplary (punitive) damages as provided by Ala. Code § 6-5-71.

COUNT II - COMMON LAW NEGLIGENCE

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

19. The Establishment Defendant owed a duty of care to Plaintiff and to the general public to refrain from selling, furnishing, or serving alcoholic beverages to visibly intoxicated persons.

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

21. The Establishment Defendant's breach was the proximate cause of Plaintiff's injuries and damages.

22. As a direct and proximate result of the Establishment Defendant's negligence, Plaintiff has suffered damages as set forth herein.

DAMAGES

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

☐ 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: $[________________________________]
☐ Punitive/exemplary damages as permitted under Ala. Code § 6-5-71 and § 6-11-20 et seq.
☐ Other: [________________________________]

JURY DEMAND

24. Plaintiff hereby demands a trial by jury on all issues so triable.

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 exemplary (punitive) damages as permitted by law;
d. Award pre-judgment and post-judgment interest;
e. Award costs of this action;
f. Grant such other and further relief as this Court deems just and proper.

VERIFICATION

STATE OF ALABAMA
COUNTY OF [________________________________]

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
[________________________________]
[________________________________]
Alabama State Bar No.: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

STATE-SPECIFIC NOTES

• Statute: Ala. Code § 6-5-71 creates a statutory cause of action for dram shop liability.
• Knowledge Standard: "Knowingly" means "knew or should have known."
• Intoxicated Consumer Bar: The intoxicated person CANNOT sue the establishment for their own injuries under this statute.
• Minors: Liability also attaches for service to minors, regardless of visible intoxication.
• Social Host Liability: Alabama does not impose liability on social hosts who furnish alcohol to adults (Beeson v. Scoles Cadillac Corp., 506 So. 2d 999 (Ala. 1987)), but a social host who furnishes alcohol to a minor may be liable (Martin v. Watts, 513 So. 2d 958 (Ala. 1987)).
• Statute of Limitations: Two years from the date of injury (Ala. Code § 6-2-38).
• Punitive Damages Cap: Ala. Code § 6-11-21(d) limits punitive damages to the greater of three times compensatory damages or $1,500,000.
• Contributory Negligence: Alabama follows the contributory negligence rule; any fault on the part of the plaintiff may bar recovery entirely.
• Survival/Wrongful Death: The cause of action survives the death of a party.

SOURCES AND REFERENCES

• Ala. Code § 6-5-71 (Dram Shop Act)
• Ala. Code § 6-2-38 (Statute of Limitations)
• Ala. Code § 6-11-21(d) (Punitive Damages)
• Beeson v. Scoles Cadillac Corp., 506 So. 2d 999 (Ala. 1987)
• Martin v. Watts, 513 So. 2d 958 (Ala. 1987)
• Runyans v. Littrell, 850 So. 2d 244 (Ala. 2002)