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 (D.C. Code § 25-787)
6. Count II - Negligence
7. Damages
8. Jury Demand
9. Prayer for Relief
10. Verification
11. State-Specific Notes
12. Sources and References

CAPTION

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
CIVIL DIVISION

[________________________________],
Plaintiff,

v.

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

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 "Intoxicated Person") was at all relevant times a patron who was served alcoholic beverages by the Licensee Defendant.

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 Intoxicated Person entered the Licensee Defendant's premises at [________________________________], Washington, D.C.

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

8. At the time of sale, service, or delivery, 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 knew or should have known that the Intoxicated Person was visibly intoxicated at the time of service.

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

11. Following service, the Intoxicated Person [________________________________] [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.

15. Pursuant to D.C. Code § 25-787, a licensee who knowingly sells, serves, or delivers alcoholic beverages to a visibly intoxicated person or to a person under the age of 21 is civilly liable for injury or death proximately caused by the intoxication.

16. The Licensee Defendant knowingly sold, served, or delivered alcoholic beverages to the Intoxicated Person while the person was visibly intoxicated.

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.

COUNT II - NEGLIGENCE

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

20. The Licensee Defendant owed a duty of care to Plaintiff and the general public not to sell, serve, or deliver alcoholic beverages to visibly intoxicated persons.

21. The Licensee Defendant breached this duty by serving the Intoxicated Person despite observable signs of intoxication.

22. The Licensee Defendant's breach was a proximate cause of Plaintiff's injuries.

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

DAMAGES

24. 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

25. 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."
• Intoxicated Person Bar: The intoxicated person cannot recover for their own injuries unless they were under 18 at the time of service.
• Off-Premises Limitation: Licensee liability for off-premises consumption is limited to situations where the patron was visibly intoxicated at the time of service.
• Contributory Negligence: D.C. follows the contributory negligence rule -- any negligence by the plaintiff that contributes to the injury is a complete bar to recovery.
• 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.
• Recent Enactment: This is a relatively new statute (2024). Case law is still developing.

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
• D.C. Transit System, Inc. v. Garman, 301 F.2d 568 (D.C. Cir. 1962)