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 - Furnishing to Noticeably Intoxicated Person (O.C.G.A. § 51-1-40)
6. Count II - Furnishing to Underage Person (O.C.G.A. § 51-1-40)
7. Count III - Negligence
8. Damages
9. Jury Demand
10. Prayer for Relief
11. Verification
12. State-Specific Notes
13. Sources and References

CAPTION

IN THE SUPERIOR COURT OF [________________________________] COUNTY
STATE OF GEORGIA

[________________________________],
Plaintiff,

v.

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

Civil Action File No.: [________________________________]

PARTIES

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

2. Defendant [________________________________] (hereinafter "Provider Defendant") is a person or entity that sold, served, or furnished alcoholic beverages to the Intoxicated Person, operating as [________________________________], located at [________________________________], Georgia.

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

JURISDICTION AND VENUE

4. This Court has jurisdiction over this action pursuant to the Georgia Constitution, Art. VI, Sec. IV, Par. I.

5. Venue is proper in this County pursuant to O.C.G.A. § 9-10-31 because the acts giving rise to this claim occurred in [________________________________] County, Georgia.

FACTUAL ALLEGATIONS

6. On or about [__/__/____], the Intoxicated Person was present at the Provider Defendant's establishment at [________________________________].

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

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

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

9. At the time of furnishing, the Provider Defendant knew that the Intoxicated Person would soon be driving a motor vehicle, as evidenced by:

☐ The Intoxicated Person arrived by motor vehicle
☐ The Intoxicated Person's car keys were visible
☐ The Intoxicated Person stated intent to drive
☐ The Provider Defendant's staff observed the Intoxicated Person's vehicle in the parking lot
☐ The establishment is located in an area accessible primarily by motor vehicle
☐ Other: [________________________________]

10. Despite this knowledge, the Provider Defendant continued to serve alcoholic beverages.

11. Following service, the Intoxicated Person operated a motor vehicle and [________________________________] [describe the collision or injurious conduct].

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

COUNT I - FURNISHING TO NOTICEABLY INTOXICATED PERSON (O.C.G.A. § 51-1-40)

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

14. Pursuant to O.C.G.A. § 51-1-40, a person who furnishes alcoholic beverages to a person who is noticeably intoxicated, knowing that such person will soon be driving a motor vehicle, may be liable for injuries caused by the intoxicated person's driving.

15. The Provider Defendant furnished alcoholic beverages to the Intoxicated Person who was noticeably intoxicated at the time of service.

16. The Provider Defendant knew that the Intoxicated Person would soon be driving a motor vehicle.

17. The Intoxicated Person's operation of a motor vehicle while intoxicated was a proximate cause of Plaintiff's injuries.

COUNT II - FURNISHING TO UNDERAGE PERSON (O.C.G.A. § 51-1-40)

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

19. At the time of service, the Intoxicated Person was under the legal drinking age, being [____] years old.

20. Pursuant to O.C.G.A. § 51-1-40, a person who furnishes alcoholic beverages to a person under the legal drinking age, knowing that such person will soon be driving a motor vehicle, may be liable for injuries caused by the underage person's driving.

21. The Provider Defendant furnished alcoholic beverages to the underage person knowing or having reason to know the person would soon be driving.

22. The underage person's operation of a motor vehicle while intoxicated was a proximate cause of Plaintiff's injuries.

COUNT III - NEGLIGENCE

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

24. The Provider Defendant owed a duty of care to Plaintiff to refrain from furnishing alcoholic beverages to noticeably intoxicated persons and/or underage persons who would soon be driving.

25. The Provider Defendant breached this duty by the conduct described herein.

26. The Provider Defendant's breach was a proximate cause of Plaintiff's injuries.

DAMAGES

27. 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: $[________________________________]
☐ Punitive damages as warranted
☐ Other: [________________________________]

JURY DEMAND

28. 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 punitive damages as warranted by the evidence;
d. Award pre-judgment and post-judgment interest;
e. Award costs of this action;
f. Grant such other and further relief as this Court deems just and proper.

VERIFICATION

STATE OF GEORGIA
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
[________________________________]
[________________________________]
Georgia Bar No.: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

STATE-SPECIFIC NOTES

• Statute: O.C.G.A. § 51-1-40 (Georgia Dram Shop Act).
• General Rule: Furnishing alcohol alone does NOT create liability.
• Two Exceptions: (1) Serving a noticeably intoxicated person knowing they will soon drive; (2) Serving an underage person knowing they will soon drive.
• Driving Requirement: Both exceptions require knowledge that the person will soon be driving a motor vehicle.
• Fake ID Defense: A fake ID is rebuttable proof the seller did not improperly furnish alcohol.
• Social Host Liability: O.C.G.A. § 51-1-40(d) addresses liability for property owners/occupants.
• Broad Application: Courts have applied § 51-1-40 to convenience stores and other retail sellers (Flores v. Exprezit!, 289 Ga. 466 (2011)).
• Statute of Limitations: Two years for personal injury.
• Consumer Recovery Limitations: Some limits on recovery by the intoxicated consumer (Dion v. Y.S.G. Enters., 296 Ga. 185 (2014)).

SOURCES AND REFERENCES

• O.C.G.A. § 51-1-40 (Georgia Dram Shop Act)
• Flores v. Exprezit! Stores 98-Georgia, LLC, 289 Ga. 466, 713 S.E.2d 368 (2011)
• Dion v. Y.S.G. Enters., 296 Ga. 185, 766 S.E.2d 48 (2014)