Dram Shop Liability Complaint - Delaware

Before filing: Under Del. Super. Ct. Civ. R. 3(a), file this complaint with a praecipe for issuance of process and the current Superior Court Civil Case Information Statement (CIS) on the court's form.

COMPLAINT FOR PREMISES NEGLIGENCE AND NEGLIGENT UNDERTAKING ARISING FROM AN ALCOHOL-RELATED INCIDENT

TABLE OF CONTENTS

1. Important Notice - Delaware Law
2. Caption
3. Parties
4. Jurisdiction and Venue
5. Factual Allegations
6. Count I - Premises Negligence
7. Count II - Negligent Undertaking (Restatement § 324A)
8. Damages
9. Jury Demand
10. Prayer for Relief
11. Verification
12. State-Specific Notes
13. Sources and References

IMPORTANT NOTICE - DELAWARE LAW

Before you use this: Delaware does not recognize a general claim against an alcohol seller for a third party's off-premises injury caused by an intoxicated customer. Use this complaint only when the facts support an independent duty, such as an injury to a business invitee on the defendant's premises or an actual undertaking to render protective services. Alcohol service alone or a failure to stop a patron from driving does not establish that duty. Barnes v. Hooper, No. 476, 2024 (Del. June 4, 2025); Shea v. Matassa, 918 A.2d 1090 (Del. 2007).

CAPTION

IN THE SUPERIOR COURT OF THE STATE OF DELAWARE, IN AND FOR [COUNTY] COUNTY

C.A. No.: [________________________________]

JURY TRIAL DEMANDED

PARTIES

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

2. Defendant [________________________________] (hereinafter "Defendant") owned, possessed, or operated the premises at [________________________________], Delaware, or affirmatively undertook the protective services described below.

3. [________________________________] (hereinafter "Intoxicated Person") was present at or near those premises on the date of the incident.

JURISDICTION AND VENUE

4. This pleading selects the Superior Court under [CLAIM- AND COURT-SPECIFIC CONSTITUTIONAL OR STATUTORY AUTHORITY] because [FACTS ESTABLISHING JURISDICTION]. Section 541 itself states only that the Superior Court has jurisdiction conferred by Delaware's Constitution and laws.

5. The facts supporting venue in [________________________________] County are [________________________________].

FACTUAL ALLEGATIONS

6. On or about [__/__/____], Plaintiff was a business invitee at Defendant's premises at [________________________________] for [BUSINESS PURPOSE]. The Intoxicated Person was also there.

7. The Intoxicated Person's conduct and the circumstances known to Defendant were [________________________________].

8. At the time of service, the Intoxicated Person exhibited visible signs of intoxication, including:

☐ Slurred speech
☐ Unsteady gait or impaired balance
☐ Glassy, bloodshot, or unfocused eyes
☐ Aggressive, threatening, or disorderly behavior
☐ Difficulty with motor coordination
☐ Other: [________________________________]

9. Defendant knew or should have known of a specific danger to Plaintiff on the premises because [________________________________].

10. The Intoxicated Person [________________________________] [describe injurious conduct that injured Plaintiff on Defendant's premises].

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

COUNT I - PREMISES NEGLIGENCE

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

13. Plaintiff was a business invitee because [STATE FACTS SHOWING INVITEE STATUS]. Defendant owed Plaintiff reasonable care concerning the dangerous condition or third-party activity on the premises described in paragraphs 6 through 10.

14. Defendant breached that premises duty by [________________________________] [describe conduct independent of furnishing alcohol].

15. Defendant's breach was a proximate cause of Plaintiff's injuries.

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

COUNT II - NEGLIGENT UNDERTAKING (RESTATEMENT (SECOND) OF TORTS § 324A)

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

18. Defendant affirmatively undertook to render [SPECIFIC SERVICES] to [RECIPIENT] for the protection of [PLAINTIFF OR IDENTIFIED THIRD PERSONS], as shown by these acts: [________________________________].

19. Defendant's failure to use reasonable care in performing that undertaking increased the risk of physical harm to Plaintiff in this way: [STATE SPECIFIC ACTS AND HOW THEY INCREASED THE RISK].

20. Defendant failed to exercise reasonable care in performing the undertaking by [________________________________].

21. That failure was a proximate cause of Plaintiff's injuries. This count does not rest only on Defendant's sale of alcohol or failure to prevent departure.

DAMAGES

22. As a direct and proximate result of Defendant's conduct, Plaintiff has suffered:

☐ Past and future medical expenses [SPECIFY PARTICULAR ITEMS CLAIMED]
☐ Past and future lost wages and earning capacity [SPECIFY PARTICULAR ITEMS CLAIMED]
☐ Pain and suffering
☐ Mental anguish and emotional distress
☐ Loss of enjoyment of life
☐ Property damage [SPECIFY PARTICULAR ITEMS CLAIMED]
☐ Other: [________________________________]

JURY DEMAND

23. 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 prejudgment interest under 6 Del. C. § 2301(d) if, before trial, Plaintiff made Defendant a written settlement demand valid for at least 30 days and the damages awarded exceed that demand; award postjudgment interest as permitted by law;
d. Award costs of this action;
e. Grant such other and further relief as this Court deems just and proper.

VERIFICATION

STATE OF DELAWARE
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
[________________________________]
[________________________________]
Delaware Bar ID No.: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

STATE-SPECIFIC NOTES

• Premises claim: Shea explains that DiOssi involved an injury to a business invitee on the host's premises, rather than a general social host claim.
• Undertaking claim: Barnes requires an affirmative undertaking under Restatement § 324A; a failure to prevent an intoxicated person from leaving did not suffice there.
• Limitations: 10 Del. C. § 8119 generally gives two years from the alleged personal injury, subject to § 8127. Other accrual or tolling questions require case-specific review.

SOURCES AND REFERENCES

• Shea v. Matassa, 918 A.2d 1090 (Del. 2007): https://courts.delaware.gov/Opinions/Download.aspx?id=87490
• Barnes v. Hooper, No. 476, 2024 (Del. June 4, 2025): https://courts.delaware.gov/Opinions/Download.aspx?id=380580
• Delaware Pattern Jury Instructions for Civil Practice § 10.8 (2025 ed.): https://courts.delaware.gov/forms/download.aspx?id=85928
• 10 Del. C. § 8119 (Statute of Limitations)
• Restatement (Second) of Torts § 324A, quoted and applied in Barnes