Dram Shop Liability Complaint

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TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Mandatory Notice Compliance
5. Factual Allegations
6. Count I - Dram Shop Liability (Idaho Code § 23-808)
7. Count II - Service to a Minor (Idaho Code § 23-808)
8. Damages
9. Jury Demand
10. Prayer for Relief
11. Verification
12. State-Specific Notes
13. Sources and References

CAPTION

IN THE DISTRICT COURT OF THE [________________________________] JUDICIAL DISTRICT
OF THE STATE OF IDAHO, IN AND FOR THE COUNTY OF [________________________________]

[________________________________],
Plaintiff,

v.

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

Case No.: [________________________________]

PARTIES

1. Plaintiff [________________________________] is a resident of [________________________________] County, Idaho, 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 or furnished alcoholic beverages, operating as [________________________________], located at [________________________________], Idaho.

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 Idaho Const. Art. V, § 20.

5. Venue is proper in this County pursuant to Idaho Code § 5-401 because the acts giving rise to this claim occurred in [________________________________] County, Idaho.

MANDATORY NOTICE COMPLIANCE

6. Pursuant to Idaho Code § 23-808, Plaintiff provided notice to the Provider Defendant by certified mail on [__/__/____], which was within 180 days of the date the claim arose on [__/__/____].

7. A true and correct copy of the certified mail notice and return receipt is attached hereto as Exhibit A.

FACTUAL ALLEGATIONS

8. On or about [__/__/____], the Intoxicated Person entered the Provider Defendant's premises at [________________________________].

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

10. At the time of service, the Intoxicated Person was obviously intoxicated, as evidenced by:

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

11. Despite the Intoxicated Person's obvious intoxication, the Provider Defendant continued to sell or furnish alcoholic beverages.

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

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

14. Plaintiff is not the intoxicated person and was not a passenger in a motor vehicle operated by the Intoxicated Person at the time of the incident.

COUNT I - DRAM SHOP LIABILITY: OBVIOUSLY INTOXICATED PERSON (Idaho Code § 23-808)

15. Plaintiff re-alleges and incorporates paragraphs 1 through 14.

16. Pursuant to Idaho Code § 23-808, a person who sells or furnishes alcoholic beverages to an obviously intoxicated person is liable for damages proximately caused by the intoxication.

17. The Provider Defendant sold or furnished alcoholic beverages to the Intoxicated Person who was obviously intoxicated at the time of service.

18. The Provider Defendant's furnishing of alcohol was a proximate cause of the Plaintiff's injuries.

19. Plaintiff has complied with the mandatory 180-day certified-mail notice requirement.

20. As a result, the Provider Defendant is liable to Plaintiff for damages.

COUNT II - SERVICE TO A MINOR (Idaho Code § 23-808)

21. Plaintiff re-alleges and incorporates paragraphs 1 through 14.

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

23. Pursuant to Idaho Code § 23-808, a person who sells or furnishes alcoholic beverages to a person under the legal drinking age, where the seller knew or should have known of the person's underage status, is liable for damages proximately caused by the intoxication.

24. The Provider Defendant knew or should have known the Intoxicated Person was under the legal drinking age.

25. The Provider Defendant's furnishing of alcohol was a proximate cause of Plaintiff's injuries.

DAMAGES

26. 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: $[________________________________]
☐ Other: [________________________________]

JURY DEMAND

27. 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 pre-judgment and post-judgment interest;
d. Award costs of this action;
e. Grant such other and further relief as this Court deems just and proper.

VERIFICATION

STATE OF IDAHO
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
[________________________________]
[________________________________]
Idaho State Bar No.: [________________________________]
Telephone: [________________________________]
Email: [________________________________]

STATE-SPECIFIC NOTES

• Statute: Idaho Code § 23-808.
• MANDATORY 180-DAY NOTICE: Claimant must notify the alcohol provider by certified mail within 180 days of the date the claim arose. Failure bars the claim.
• Liability Limited: Service to (1) obviously intoxicated persons, or (2) minors (where server knew or should have known).
• Intoxicated Person Bar: The intoxicated person CANNOT recover for their own injuries.
• Passenger Bar: Passengers in a vehicle driven by the intoxicated person are also barred.
• Legislative Finding: The statute contains a general finding that furnishing alcohol is not the proximate cause of injury, with the limited exceptions above.
• Social Host Liability: Applies under the same conditions as commercial providers.
• Comparative Responsibility: Idaho follows modified comparative responsibility (Idaho Code § 6-801); recovery is not barred if plaintiff's negligence is not greater than defendant's, but damages are reduced proportionally.
• Statute of Limitations: Two years.
• Broad Definition: "Alcoholic beverage" covers liquor, beer, and wine.

SOURCES AND REFERENCES

• Idaho Code § 23-808 (Dram Shop Liability)
• Idaho Code § 6-801 (Comparative Responsibility)