Dram Shop Liability Complaint - District of Columbia

Civil Actions Branch filing package: File this complaint with a summons for each defendant and the court's Civil Actions Information Sheet. The Superior Court requires an information sheet when opening a Civil Actions case. Confirm that the claim belongs in that branch before filing.

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Count I - Dram Shop Liability (D.C. Code § 25-787)
6. Damages
7. Jury Demand
8. Prayer for Relief
9. Verification
10. State-Specific Notes
11. Sources and References

CAPTION

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA — CIVIL DIVISION

Case No.: [________________________________]

PARTIES

1. Plaintiff [________________________________] is a resident of the District of Columbia (or [________________________________]) and is the person injured as a result of the acts described herein.

2. Defendant [________________________________] (hereinafter "Licensee Defendant") is a licensee under D.C. alcoholic beverage control laws, operating as [________________________________], located at [________________________________], Washington, D.C.

3. [________________________________] (hereinafter "Recipient") was the person to whom the Licensee Defendant sold, served, or delivered the alcoholic beverage.

JURISDICTION AND VENUE

4. This Court has jurisdiction over this action pursuant to D.C. Code § 11-921.

5. Venue is proper in this Court because the acts giving rise to this claim occurred within the District of Columbia.

FACTUAL ALLEGATIONS

6. On or about [__/__/____], the Recipient was served at [________________________________], Washington, D.C.

7. The Licensee Defendant, through its agents, employees, or servants, sold, served, or delivered alcoholic beverages to the Recipient.

8. At the time of sale, service, or delivery, the Recipient was ☐ under 21 years of age ☐ intoxicated. If intoxication is alleged, the contemporaneous circumstances included:

☐ 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 knew or should have known the relevant fact stated in paragraph 8 at the time of sale, service, or delivery because [FACTS SHOWING ACTUAL OR CONSTRUCTIVE KNOWLEDGE].

10. Despite this knowledge, the Licensee Defendant sold, served, or delivered alcoholic beverages.

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

12. The service of alcoholic beverages was a proximate cause of Plaintiff's injuries.

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

COUNT I - DRAM SHOP LIABILITY (D.C. Code § 25-787)

14. Plaintiff re-alleges and incorporates paragraphs 1 through 13. The claim accrued after May 21, 2024, and this action is commenced within two years after the sale, service, or delivery alleged above.

15. Pursuant to D.C. Code § 25-787, an injured person has a civil cause of action against a licensee when the licensee knowingly sells, serves, or delivers an alcoholic beverage to a person under 21 or a person who was intoxicated, and that sale, service, or delivery proximately causes the person's injury or damage.

16. The Licensee Defendant knowingly sold, served, or delivered an alcoholic beverage to the Recipient under the circumstances alleged in paragraphs 7 through 10.

17. The Licensee Defendant's service was a proximate cause of Plaintiff's injuries.

18. As a result, the Licensee Defendant is liable to Plaintiff for damages.

DAMAGES

19. 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

20. 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

DISTRICT OF COLUMBIA

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
[________________________________]
[________________________________]
D.C. Bar No.: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

STATE-SPECIFIC NOTES

• Statute: D.C. Code § 25-787 (effective May 21, 2024).
• Knowledge Standard: "Knowingly" means "knew or should have known."
• Recipient Claim Bar: A recipient who caused the injury cannot sue under this section, nor may that recipient's estate, guardian, or dependent, unless the recipient was under 18.
• Off-Premises Limitation: Section 25-787(e) restricts liability for subsequent off-premises consumption unless the recipient was visibly intoxicated at the time of sale, service, or delivery.
• Statute of Limitations: Two years from the sale, service, or delivery.
• Administrative Penalties: D.C. Code § 25-781 provides separate administrative penalties for serving minors or intoxicated persons.
• Social Host Liability: Not clearly addressed in the statute; consult counsel for analysis.
• Statutory Rule: Section 25-787(g) supersedes a conflicting common-law liability standard.

SOURCES AND REFERENCES

• D.C. Code § 25-787 (Dram Shop Liability)
• D.C. Code § 25-781 (Administrative Penalties)
• Restaurant Revitalization and Dram Shop Clarification Amendment Act of 2024