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 (Ark. Code Ann. § 16-126-104)
6. Count II - Service to a Minor (Ark. Code Ann. § 16-126-103)
7. Count III - Common Law Negligence
8. Damages
9. Jury Demand
10. Prayer for Relief
11. Verification
12. State-Specific Notes
13. Sources and References

CAPTION

IN THE CIRCUIT COURT OF [________________________________] COUNTY, ARKANSAS
[________________________________] DIVISION

[________________________________],
Plaintiff,

v.

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

Case No.: [________________________________]

PARTIES

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

2. Defendant [________________________________] (hereinafter "Retailer Defendant") is a retailer of alcoholic beverages licensed in the State of Arkansas, operating as [________________________________], located at [________________________________], Arkansas.

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

JURISDICTION AND VENUE

4. This Court has jurisdiction over this action pursuant to Ark. Const. Art. 7, § 11 and Ark. Code Ann. § 16-13-201.

5. Venue is proper in this Court pursuant to Ark. Code Ann. § 16-60-101 because the acts giving rise to this claim occurred in [________________________________] County, Arkansas.

FACTUAL ALLEGATIONS

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

7. The Retailer Defendant, through its agents, employees, or servants, knowingly sold or served alcoholic beverages to the Intoxicated Person.

8. At the time of service, the Intoxicated Person was "clearly intoxicated" within the meaning of Ark. Code Ann. § 16-126-104, presenting a clear danger to others, as evidenced by:

☐ Slurred or incoherent speech
☐ Severe impairment of balance or coordination
☐ Glassy, bloodshot, or unfocused eyes
☐ Aggressive, threatening, or violent behavior
☐ Inability to perform basic physical tasks
☐ Strong odor of alcohol
☐ Other: [________________________________]

9. Despite the Intoxicated Person's clear intoxication, the Retailer Defendant continued to sell or serve alcoholic beverages.

10. The sale of alcoholic beverages was the proximate cause of the Intoxicated Person's intoxication and subsequent injurious conduct.

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

12. As a direct and proximate result, Plaintiff suffered injuries including but not limited to [________________________________].

COUNT I - DRAM SHOP LIABILITY (Ark. Code Ann. § 16-126-104)

13. Plaintiff re-alleges and incorporates paragraphs 1 through 12.

14. Pursuant to Ark. Code Ann. § 16-126-104, a retailer of alcoholic beverages who knowingly sells alcoholic beverages to a person who is clearly intoxicated is civilly liable for damages caused by the intoxication of that person.

15. The Retailer Defendant knowingly sold alcoholic beverages to the Intoxicated Person at a time when the Intoxicated Person was clearly intoxicated and presented a clear danger to others.

16. The Retailer Defendant's sale was the proximate cause of the injuries and damages sustained by Plaintiff.

17. As a result, the Retailer Defendant is liable to Plaintiff for all damages suffered.

COUNT II - SERVICE TO A MINOR (Ark. Code Ann. § 16-126-103)

18. Plaintiff re-alleges and incorporates paragraphs 1 through 12.

19. At the time of service, the Intoxicated Person was under the age of twenty-one (21).

20. Pursuant to Ark. Code Ann. § 16-126-103, a retailer who knowingly sells alcoholic beverages to a minor is civilly liable for damages caused by the minor's intoxication.

21. The Retailer Defendant knew or should have known the Intoxicated Person was a minor.

22. The Retailer Defendant's sale to the minor was the proximate cause of Plaintiff's injuries.

COUNT III - COMMON LAW NEGLIGENCE

23. Plaintiff re-alleges and incorporates paragraphs 1 through 12.

24. The Retailer Defendant owed a duty of care to Plaintiff and the general public to refrain from selling alcoholic beverages to clearly intoxicated persons.

25. The Retailer Defendant breached this duty by serving the Intoxicated Person despite clear signs of intoxication.

26. The Retailer Defendant's breach was a proximate cause of Plaintiff's injuries.

27. As a direct result, Plaintiff has suffered damages as set forth herein.

DAMAGES

28. 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: [________________________________]

JURY DEMAND

29. 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 pre-judgment and post-judgment interest;
d. Award costs of this action;
e. Grant such other and further relief as this Court deems just and proper.

VERIFICATION

STATE OF ARKANSAS
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
[________________________________]
[________________________________]
Arkansas Bar ID No.: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

STATE-SPECIFIC NOTES

• Statute: Ark. Code Ann. §§ 16-126-103 (minors) and 16-126-104 (clearly intoxicated persons).
• Knowledge Standard: "Knowingly" -- the sale must be knowing.
• "Clearly Intoxicated" Standard: Person must present a "clear danger to others."
• Social Host Immunity: Ark. Code Ann. § 16-126-106 provides that serving lawful-age adults as a social host does not constitute a proximate cause of injury.
• Affirmative Defenses: Retailer may assert reasonable belief that the person was not clearly intoxicated or would not operate a motor vehicle.
• Comparative Fault: Modified comparative fault under Ark. Code Ann. § 16-64-122 -- recovery barred if plaintiff's fault equals or exceeds defendant's.
• Statute of Limitations: Three years (Ark. Code Ann. § 16-56-105).
• Jury Determination: The jury determines whether the sale was the proximate cause of injury.

SOURCES AND REFERENCES

• Ark. Code Ann. § 16-126-103 (Liability for Serving Minors)
• Ark. Code Ann. § 16-126-104 (Liability for Serving Clearly Intoxicated Persons)
• Ark. Code Ann. § 16-126-106 (Social Host Immunity)
• Ark. Code Ann. § 16-64-122 (Comparative Fault)
• Ark. Code Ann. § 16-56-105 (Statute of Limitations)