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 - Statutory Dram Shop Liability (C.R.S. § 44-3-801)
6. Count II - Social Host Liability (C.R.S. § 44-3-801(4))
7. Damages
8. Jury Demand
9. Prayer for Relief
10. Verification
11. State-Specific Notes
12. Sources and References

CAPTION

IN THE DISTRICT COURT, [________________________________] COUNTY, COLORADO

[________________________________],
Plaintiff,

v.

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

Case No.: [________________________________]
Division: [________________________________]

PARTIES

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

2. Defendant [________________________________] (hereinafter "Licensee Defendant") is a person or entity licensed to sell alcoholic beverages in Colorado, operating as [________________________________], located at [________________________________], Colorado.

3. [________________________________] (hereinafter "Intoxicated Person") was at all relevant times a patron served alcoholic beverages by the Licensee Defendant.

JURISDICTION AND VENUE

4. This Court has jurisdiction over this action pursuant to C.R.S. § 13-1-124.

5. Venue is proper in this County pursuant to C.R.C.P. 98 because the acts giving rise to this claim occurred in [________________________________] County, Colorado.

FACTUAL ALLEGATIONS

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

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

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

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

9. The Licensee Defendant willfully and knowingly served the Intoxicated Person despite the visible signs of intoxication.

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

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

COUNT I - STATUTORY DRAM SHOP LIABILITY (C.R.S. § 44-3-801)

12. Plaintiff re-alleges and incorporates paragraphs 1 through 11.

13. Pursuant to C.R.S. § 44-3-801 (formerly § 12-47-801), a licensee is liable for damages proximately caused by the willful and knowing sale or service of alcoholic beverages to a visibly intoxicated person or to a person under the legal drinking age.

14. The Licensee Defendant willfully and knowingly sold or served alcoholic beverages to the Intoxicated Person who was visibly intoxicated at the time of service.

15. The Licensee Defendant's service of alcoholic beverages was a proximate cause of the Plaintiff's injuries.

16. As a result, the Licensee Defendant is liable to Plaintiff for damages within the statutory limits.

COUNT II - SOCIAL HOST LIABILITY (C.R.S. § 44-3-801(4))

17. Plaintiff re-alleges and incorporates paragraphs 1 through 11.

18. Defendant [________________________________] knowingly furnished or served alcoholic beverages to [________________________________], a person under the age of twenty-one (21).

19. Pursuant to C.R.S. § 44-3-801(4), a person is liable for damages proximately caused by the knowing provision of alcoholic beverages to a person under the legal drinking age.

20. The Defendant's knowing provision of alcohol to the underage person was a proximate cause of Plaintiff's injuries.

DAMAGES

21. 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

22. 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 up to the statutory maximum as adjusted for inflation;
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 COLORADO
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
[________________________________]
[________________________________]
Colorado Attorney Reg. No.: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

STATE-SPECIFIC NOTES

• Statute: C.R.S. § 44-3-801 (recodified from § 12-47-801).
• Standard: "Willful and knowing" service to a visibly intoxicated person or minor.
• SHORTENED STATUTE OF LIMITATIONS: One year from the date of sale or service -- significantly shorter than the general personal injury limitation.
• DAMAGES CAP: Statutory cap adjusted annually for inflation; originally $150,000, currently approximately $280,810. Verify current amount before filing.
• Common Law Preemption: The statute abolishes common-law causes of action against vendors (Build It and They Will Drink, Inc. v. Strauch, 253 P.3d 302 (Colo. 2011)).
• Social Host Liability: C.R.S. § 44-3-801(4) creates liability for knowingly furnishing alcohol to persons under 21.
• Comparative Fault: General comparative fault principles apply to the statutory cause of action.

SOURCES AND REFERENCES

• Colo. Rev. Stat. § 44-3-801 (Dram Shop Act)
• Build It and They Will Drink, Inc. v. Strauch, 253 P.3d 302 (Colo. 2011)
• Brown v. Hollywood Bar and Cafe, 942 P.2d 1363 (Colo. App. 1997)