Dram Shop Liability Complaint - Iowa

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Count I - Dramshop Liability: Sale to Visibly Intoxicated Person (Iowa Code § 123.92)
6. Optional Count II - Non-Licensee Liability: Furnishing to Underage Person (Iowa Code § 123.92(3))
7. Damages
8. Jury Demand
9. Prayer for Relief
10. Signature
11. State-Specific Notes
12. Sources and References

CAPTION

IN THE IOWA DISTRICT COURT FOR [________________________________] COUNTY

Case No.: [________________________________]

JURY DEMAND

PARTIES

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

2. Licensee Defendant [________________________________] is a licensee or permittee that sold and served alcoholic beverages directly to the Intoxicated Person at [PREMISES/LOCATION], Iowa.

3. [________________________________] (hereinafter "Intoxicated Person") was a patron to whom the Licensee Defendant directly sold and served an alcoholic beverage.

3A. If Count II is selected: Non-Licensee Defendant [________________________________] is a person who was not required to hold an alcohol license or permit and physically presented an alcoholic-beverage receptacle to the underage Intoxicated Person.

JURISDICTION AND VENUE

4. This is an action at law. This Court has jurisdiction under Iowa Code § 602.6101. Plaintiff certifies that the action meets applicable jurisdictional requirements for amount in controversy, without stating a dollar amount of damages, under Iowa Rule of Civil Procedure 1.403 and Iowa Code § 619.18.

5. Venue is proper in this County pursuant to Iowa Code § 616.18 because ☐ a Defendant resides here ☐ the injury or damage was sustained here. Facts: [________________________________].

FACTUAL ALLEGATIONS

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

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

8. At the time of sale or service, the Intoxicated Person was visibly 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. While the Intoxicated Person was visibly intoxicated, the Licensee Defendant sold and served an alcoholic beverage directly to that person at [TIME/LOCATION]: [________________________________].

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

11. The intoxication of the Intoxicated Person contributed to the injurious act described above.

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

COUNT I - DRAMSHOP LIABILITY: SALE TO VISIBLY INTOXICATED PERSON (Iowa Code § 123.92)

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

14. Plaintiff is a third party, not the Intoxicated Person who caused the injury, and seeks damages actually sustained under Iowa Code § 123.92(1)(a). The Licensee Defendant sold and served an alcoholic beverage directly to the Intoxicated Person when that person was visibly intoxicated.

15. Plaintiff gave written notice of intent to bring this action, stating the time, place, and circumstances of injury, to ☐ the Licensee Defendant ☐ its insurer on [__/__/____], within six months after injury on [__/__/____], under Iowa Code § 123.93. If the notice came later, the statutory extension applies because ☐ Plaintiff was incapacitated at the six-month mark ☐ Plaintiff could not identify the licensee, permittee, or person causing injury despite reasonable diligence; supporting dates and facts: [________________________________].

16. The intoxication of the Intoxicated Person contributed to the injurious act that caused Plaintiff's damages.

16A. The service did not fall within Iowa Code § 123.95(2)(c)'s exclusion for a qualifying private-host gathering away from the licensed premises. Facts: [________________________________].

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

OPTIONAL COUNT II - NON-LICENSEE LIABILITY: FURNISHING TO UNDERAGE PERSON (Iowa Code § 123.92(3))

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

19. The Non-Licensee Defendant identified in paragraph 3A is not a licensee or permittee required to hold a license or permit.

20. The Non-Licensee Defendant physically presented a receptacle containing an alcoholic beverage to [________________________________], who was under the legal drinking age, on [__/__/____] at [LOCATION].

21. The Non-Licensee Defendant knew or should have known both that the recipient was under legal age and either ☐ the recipient was already intoxicated when given the beverage ☐ giving the beverage would cause the recipient to become intoxicated. Supporting facts: [________________________________].

22. Under Iowa Code § 123.92(3), Plaintiff seeks damages actually sustained from the Non-Licensee Defendant for the injury caused by the underage person's intoxication under the facts pleaded above.

23. The underage person's intoxication contributed to the injurious act that caused Plaintiff's damages.

DAMAGES

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

Economic Damages:
☐ Past and future medical expenses
☐ Past and future lost wages and earning capacity
☐ Property damage
☐ Other economic losses

Noneconomic Damages:
☐ Pain and suffering
☐ Mental anguish and emotional distress
☐ Loss of enjoyment of life
☐ Other noneconomic losses

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 economic damages in an amount to be determined at trial;
c. Award noneconomic damages against the Licensee Defendant subject to Iowa Code § 123.92(1)(c), including a jury determination on a supported statutory exception if claimed, and, if Count II is selected, against the Non-Licensee Defendant under Iowa Code § 123.92(3);
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.

SIGNATURE

Respectfully submitted,

_____________________________________________
[________________________________]
Attorney for Plaintiff
[________________________________]
[________________________________]
Iowa Attorney No.: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

STATE-SPECIFIC NOTES

• Statute: Iowa Code § 123.92 (Iowa Dramshop Act).
• Standard: Direct sale and service to a visibly intoxicated person by a licensee or permittee; the plaintiff in subsection (1)(a) must be a third party other than the intoxicated person who caused the injury.
• Advance notice: Iowa Code § 123.93 requires written notice to the licensee, permittee, or carrier within six months of injury, stating time, place, and circumstances, with the statute's incapacity and reasonable-diligence extensions.
• Catering exclusion: Section 123.95(2)(c) excludes a qualifying licensed caterer acting as a private social host's agent at an off-premises private gathering from § 123.92.
• Affirmative Defense: Licensee may assert that the intoxication did not contribute to the injurious act.
• Noneconomic Damages Cap: $250,000 per injury or death, with exceptions for substantial/permanent loss, disfigurement, or death where the cap would deprive plaintiff of just compensation.
• Non-Licensee Immunity: Iowa Code § 123.49(1)(a) generally immunizes non-licensees from civil liability for dispensing/giving alcohol.
• Non-Licensee Exception: Iowa Code § 123.92(3) requires a physical handoff of the beverage receptacle, actual or constructive knowledge of underage status, and actual or constructive knowledge of existing intoxication or that intoxication would result. Section 123.49(1)(a)'s general non-licensee rule remains subject to this statutory exception.
• Dramshop Insurance: Section 123.92(2) requires proof of financial responsibility from covered retail licensees, subject to listed license-class exclusions.
• Comparative Fault: Iowa Code § 668.3 applies; a claimant's recovery is diminished proportionally and is barred only if claimant fault is greater than the combined fault attributed to defendants, third-party defendants, and persons released under § 668.7.
• Limitations: Iowa Code § 614.1(2) generally supplies two years after accrual for personal-injury claims unless otherwise specially declared; § 123.93 adds the separate licensee notice requirement.

SOURCES AND REFERENCES

• Iowa Code §§ 123.49, 123.92–123.93 and 123.95: https://www.legis.iowa.gov/docs/ico/chapter/123.pdf
• Iowa Code § 668.3: https://www.legis.iowa.gov/docs/code/2026/668.3.pdf
• Iowa Code § 614.1: https://www.legis.iowa.gov/docs/ico/chapter/614.pdf
• Iowa Code § 616.18: https://www.legis.iowa.gov/docs/ico/chapter/616.pdf
• Iowa Code § 602.6101: https://www.legis.iowa.gov/docs/ico/chapter/602.pdf
• Iowa Code § 619.18: https://www.legis.iowa.gov/docs/code/2026/619.18.pdf
• Iowa Rules of Civil Procedure 1.403, 1.902, and 1.413: https://www.legis.iowa.gov/docs/ACO/CR/LINC/09-30-2026.chapter.1.pdf