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 - Statutory Dram Shop Liability (Ind. Code § 7.1-5-10-15.5)
6. Count II - Common Law Negligence
7. Damages
8. Jury Demand
9. Prayer for Relief
10. Verification
11. State-Specific Notes
12. Sources and References

CAPTION

IN THE [________________________________] COURT OF [________________________________] COUNTY
STATE OF INDIANA

[________________________________],
Plaintiff,

v.

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

Cause No.: [________________________________]

PARTIES

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

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

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

JURISDICTION AND VENUE

4. This Court has jurisdiction over this action pursuant to Ind. Code § 33-29-1-1.5.

5. Venue is proper in this County pursuant to Ind. T.R. 75 because the acts giving rise to this claim occurred in [________________________________] County, Indiana.

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, furnished alcoholic beverages to the Intoxicated Person.

8. At the time of 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
☐ Difficulty with basic tasks (e.g., handling money, opening doors)
☐ Other: [________________________________]

9. The Provider Defendant had actual knowledge that the Intoxicated Person was visibly intoxicated at the time of furnishing, as demonstrated by:

☐ Staff observed and commented on the Intoxicated Person's condition
☐ Other patrons alerted staff to the Intoxicated Person's condition
☐ The Provider Defendant served a high volume of drinks to the Intoxicated Person
☐ Surveillance footage shows the Intoxicated Person's visibly intoxicated condition
☐ Other: [________________________________]

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

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

12. The intoxication of the Intoxicated Person was a proximate cause of Plaintiff's injuries.

13. Plaintiff suffered injuries including but not limited to [________________________________].

COUNT I - STATUTORY DRAM SHOP LIABILITY (Ind. Code § 7.1-5-10-15.5)

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

15. Pursuant to Ind. Code § 7.1-5-10-15.5, a person who furnishes an alcoholic beverage to a person is not civilly liable for injury caused by the intoxication of the person to whom the alcoholic beverage was furnished UNLESS the furnisher had actual knowledge that the person to whom the beverage was furnished was visibly intoxicated at the time of the furnishing.

16. The Provider Defendant furnished alcoholic beverages to the Intoxicated Person.

17. The Provider Defendant had actual knowledge that the Intoxicated Person was visibly intoxicated at the time of furnishing.

18. The intoxication of the Intoxicated Person was a proximate cause of the death, injury, or damage sustained by Plaintiff.

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

COUNT II - COMMON LAW NEGLIGENCE

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

21. The Provider Defendant owed a duty of care to Plaintiff to refrain from furnishing alcoholic beverages to visibly intoxicated persons.

22. The Provider Defendant breached this duty by furnishing alcohol to the Intoxicated Person despite the person's visible intoxication and the Provider Defendant's actual knowledge thereof.

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

24. As a result, Plaintiff has suffered damages as set forth herein.

DAMAGES

25. 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

26. 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 INDIANA
COUNTY OF [________________________________]

I, [________________________________], being duly sworn upon my oath, 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: [__/__/____]
County of Residence: [________________________________]

Respectfully submitted,

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

STATE-SPECIFIC NOTES

• Statute: Ind. Code § 7.1-5-10-15.5.
• Actual Knowledge Standard: The provider must have had ACTUAL KNOWLEDGE of visible intoxication -- a subjective standard that can be proven through circumstantial evidence.
• "Furnish" Defined: The defendant must have possessed or controlled the beverage and been the active means by which the intoxicated person obtained it (Vanderhoek v. Willy, 728 N.E.2d 213).
• Common Law Preserved: WEOC, Inc. v. Niebauer (Ind. S. Ct. 2024) held the Dram Shop Act modified but did not eliminate common-law liability.
• Social Host Liability: The statute applies to both commercial vendors and social hosts who "furnish" alcohol with actual knowledge of visible intoxication.
• Comparative Fault: Indiana's modified comparative fault regime applies; plaintiff barred if more than 50% at fault.
• Statute of Limitations: Two years (Ind. Code § 34-11-2-4).
• No Specific Damages Cap: The Dram Shop Act does not impose a damages cap; general damages rules apply.

SOURCES AND REFERENCES

• Ind. Code § 7.1-5-10-15.5 (Indiana Dram Shop Act)
• Ind. Code § 34-11-2-4 (Statute of Limitations)
• WEOC, Inc. v. Niebauer ex rel. Estate of Blount, No. 23S-CT-184 (Ind. S. Ct. 2024)
• Vanderhoek v. Willy, 728 N.E.2d 213 (Ind. Ct. App. 2000)