Dram Shop Liability Complaint - Idaho
COMPLAINT FOR ALCOHOL FURNISHER LIABILITY
Before you use this: Retain only the count or counts supported by the facts, and confirm the certified-mail notice, claimant status, and operative venue before filing.
| Party | Role |
|---|---|
| [PLAINTIFF NAME] | Plaintiff |
| v. | |
| [DEFENDANT NAME] | Defendant |
In the District Court of the [____] Judicial District of Idaho, County of [________________]
Case No.: [________________]
Plaintiff alleges the following against Defendant:
Parties, jurisdiction, and venue
- Plaintiff [NAME] resides in [COUNTY, STATE] and suffered the injuries described below.
- Defendant [NAME] [sold / otherwise furnished] alcoholic beverages at [LOCATION]. Defendant is [an individual residing in / an entity with its principal place of business in] [COUNTY, STATE].
- This Court has original jurisdiction under Idaho Code § 1-705. Venue is proper under Idaho Code § 5-404 because [the cause of action arose in this county / a defendant resided here when this action commenced / the Idaho corporation defendant's principal place of business is here]. Supporting facts: [________________].
Statutory notice and claimant status
- The claim or cause of action arose on [__/__/____]. Plaintiff notified Defendant by certified mail on [__/__/____], within the 180-day period in Idaho Code § 23-808(5), that this claim would be brought. The notice, mailing proof, and delivery record are attached as Exhibit A.
- Plaintiff is [an injured person / the representative of an injured person or deceased person]. Plaintiff is not the intoxicated person or that person's estate or representative and is not a passenger in an automobile driven by the intoxicated person or that passenger's estate or representative. See Idaho Code § 23-808(4).
Common factual allegations
- On [__/__/____] at [LOCATION], Defendant [sold / otherwise furnished] [ALCOHOLIC BEVERAGE] to [INTOXICATED PERSON].
- [INTOXICATED PERSON] then [DESCRIBE ACT OR EVENT] at [LOCATION] on [__/__/____].
- That conduct caused Plaintiff's [injury / death-related loss / property damage], specifically [FACTS].
- The furnishing of alcohol under the applicable route below was a proximate cause of the injury or damage alleged. The supporting facts are [________________].
Count I: obvious intoxication, Idaho Code § 23-808(3)(b)
- Plaintiff incorporates paragraphs 1 through 9.
- When Defendant furnished the beverage, [INTOXICATED PERSON] was obviously intoxicated. Observable facts at that time included [SLURRED SPEECH / UNSTEADY MOVEMENT / OTHER SPECIFIC OBSERVATIONS, WITH WITNESSES OR RECORDS].
- Defendant knew or ought reasonably to have known of that obvious intoxication because [DESCRIBE WHAT DEFENDANT OR ITS STAFF SAW OR SHOULD HAVE KNOWN].
- Defendant nevertheless furnished the beverage. Plaintiff alleges that the statutory conditions in § 23-808(3)(b) are met and that the resulting intoxication proximately caused the injury or damage described above.
Count II: underage furnishing, Idaho Code § 23-808(3)(a)
- Plaintiff incorporates paragraphs 1 through 9.
- When Defendant furnished the beverage, [INTOXICATED PERSON] was [AGE] years old, younger than the legal age for consuming the beverage.
- Defendant knew or ought reasonably to have known of that underage status because [IDENTIFICATION CHECK, APPEARANCE, ADMISSION, OR OTHER FACTS].
- Defendant nevertheless furnished the beverage. Plaintiff alleges that the statutory conditions in § 23-808(3)(a) are met and that the resulting intoxication proximately caused the injury or damage described above.
Damages and requested relief
- As a result of the alleged conduct, Plaintiff sustained [DESCRIBE EACH LOSS AND BASIS]. Claimed categories, to the extent supported by the evidence and applicable law, are:
| Category | Amount or description |
|---|---|
| Medical expense | $[____] |
| Lost earnings or earning capacity | $[____] |
| Property damage | $[____] |
| Pain, suffering, or emotional harm | [________________] |
| Other recoverable loss | [________________] |
Plaintiff requests judgment for proven compensatory damages, recoverable interest and costs, and other relief the Court finds proper.
Jury demand
Plaintiff demands trial by jury on all issues triable of right by jury under Idaho Rule of Civil Procedure 38(b).
☐ Plaintiff will stipulate to a jury of [____] persons, fewer than 12 but at least 6.
☐ Plaintiff will not stipulate to a jury of fewer than 12 persons.
Dated: [__/__/____]
Attorney signature: ______________________________
[ATTORNEY NAME], Idaho State Bar No. [____]
[LAW FIRM / ADDRESS / PHONE / EMAIL]
Attorney for Plaintiff
Verification, if used
I, [PLAINTIFF NAME], declare under oath that I have read this complaint and that its factual allegations are true to the best of my knowledge, information, and belief.
Plaintiff signature: ______________________________ Date: [__/__/____]
Subscribed and sworn before me on [__/__/____].
Notary signature: ______________________________ Commission expires: [__/__/____]
Sources and references
About this template
- Last updated
- October 5, 2026
- Citations checked
- October 5, 2026
- Jurisdiction
- Idaho
- Category
- Personal Injury
Legal authority
- Idaho Code § 23-808
- Idaho Code § 1-705
- Idaho Code § 5-404
- Idaho R. Civ. P. 38(b)
Personal injury cases are brought by people who were hurt because of someone else's carelessness: car crashes, slip and falls, defective products, and more. Demand letters, settlement agreements, and court filings in these cases have to document the injuries, the medical treatment, the lost income, and the exact legal basis for holding the other side responsible. Well-prepared paperwork is what drives higher settlements and forces insurers to take the claim seriously.
Not legal advice
This template is provided for informational purposes. We recommend having an attorney review any legal document before signing, especially for high-value or complex matters.
Checked against the law it cites
A reviewer verified this template's legal citations against the official source on October 5, 2026.
Idaho Code § 23-808 (checked October 5, 2026): "The intoxicated person was obviously intoxicated at the time the alcoholic beverages were sold or furnished, and the person who sold or furnished the alcoholic beverages knew or ought reasonably to have known that the intoxicated person was obviously intoxicated."
Idaho Code § 1-705 (checked October 5, 2026): "The district court has original jurisdiction: 1. In all cases and proceedings."
Idaho Code § 5-404 (checked October 5, 2026): "Except as otherwise provided by this chapter or other provisions of law, a plaintiff shall bring an action in the county in which: (a) The cause of action arises; or (b) Any defendant resides at the commencement of the action."
Idaho R. Civ. P. 38(b) (checked October 5, 2026): "On any issue triable of right by a jury, a party may demand a jury trial, stating in such demand whether the party will stipulate to a jury of less than 12 persons, but at least 6."
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