Dram Shop Liability Complaint - Arkansas

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. amend. 80, § 6(A).

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 or employees, sold alcoholic beverages to the Intoxicated Person when the Retailer Defendant knew or reasonably should have known that person was a minor or clearly intoxicated, as pleaded in the applicable count below.

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. Under Ark. Code Ann. § 16-126-104, if a retailer sells alcohol to a person it knows or reasonably should know is clearly intoxicated, the jury may determine whether the sale proximately caused a subsequent injury to another person.

15. The Retailer Defendant sold alcoholic beverages to the Intoxicated Person when it knew or reasonably should have known that the 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. Under Ark. Code Ann. § 16-126-103, if a retailer sells alcohol to a minor when it knows or reasonably should know the purchaser is a minor, the jury may determine whether the sale proximately caused injury to the minor or another person caused by the minor.

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 the specified amount of $[AMOUNT], subject to proof 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: Sections 16-126-103 and 16-126-104 cover both actual knowledge and sales under circumstances in which the retailer reasonably should have known the purchaser was a minor or clearly intoxicated, respectively. The jury determines whether the sale was a proximate cause of the covered injury.
• "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: Except for § 16-118-109, Ark. Code Ann. § 16-64-122 permits reduced recovery only when claimant fault is less than fault chargeable to the party or parties from whom recovery is sought; equality bars.
• 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. Const. amend. 80, § 6(A) (circuit court jurisdiction): https://www.sos.arkansas.gov/uploads/elections/Arkansas_Election_Laws_and_Constitution_2025_Edition.pdf
• 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)