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. Count II - Non-Licensee Liability: Furnishing to Underage Person (Iowa Code § 123.92(3))
7. Damages
8. Jury Demand
9. Prayer for Relief
10. Verification
11. State-Specific Notes
12. Sources and References

CAPTION

IN THE IOWA DISTRICT COURT FOR [________________________________] COUNTY

[________________________________],
Plaintiff,

v.

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

Case No.: [________________________________]

PARTIES

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

2. Defendant [________________________________] (hereinafter "Licensee Defendant") is a retail licensee or permittee authorized to sell alcoholic beverages in Iowa, operating as [________________________________], located at [________________________________], Iowa.

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

JURISDICTION AND VENUE

4. This Court has jurisdiction over this action pursuant to Iowa Code § 602.6101.

5. Venue is proper in this County pursuant to Iowa Code § 616.18 because [a Defendant resides in this County / the injury was sustained in this County].

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, employees, or servants, sold or served alcoholic beverages 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. Despite the visible intoxication of the Intoxicated Person, the Licensee Defendant continued to sell or serve alcoholic beverages.

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. Pursuant to Iowa Code § 123.92, a person injured by an intoxicated person has a right of action against any licensee or permittee who sold or served an alcoholic beverage to the intoxicated person when the person was visibly intoxicated.

15. The Licensee Defendant sold or served alcoholic beverages to the Intoxicated Person at a time when the Intoxicated Person was visibly intoxicated.

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

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

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. Defendant [________________________________] (hereinafter "Non-Licensee Defendant") is a person who is not a licensee or permittee.

20. The Non-Licensee Defendant dispensed or gave an alcoholic beverage to [________________________________], who was under the legal drinking age.

21. The Non-Licensee Defendant knew or should have known of the person's underage status or that the person would become intoxicated.

22. Pursuant to Iowa Code § 123.92(3), a non-licensee who dispenses or gives alcohol to an underage intoxicated person is liable for resulting injuries.

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, including a determination by the jury as to whether the statutory cap exception applies;
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 IOWA
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
[________________________________]
[________________________________]
Iowa Attorney No.: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

STATE-SPECIFIC NOTES

• Statute: Iowa Code § 123.92 (Iowa Dramshop Act).
• Standard: Sale or service to a "visibly intoxicated" person by a licensee or permittee.
• 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) creates liability for non-licensees who furnish to underage persons with knowledge of underage status.
• Clark v. Mincks Abrogation: The legislature expressly abrogated the holding of Clark v. Mincks, 364 N.W.2d 226 (Iowa 1985), which had expanded non-licensee liability.
• Dramshop Insurance: Most retail licensees are required to maintain dramshop liability insurance (§ 123.92).
• 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.
• Statute of Limitations: Two years (Iowa Code § 614.1).

SOURCES AND REFERENCES

• Iowa Code § 123.92 (Dramshop Act)
• Iowa Code § 123.49(1)(a) (Non-Licensee Immunity)
• Iowa Code § 668.3 (Comparative Fault)
• Clark v. Mincks, 364 N.W.2d 226 (Iowa 1985)