Dram Shop Liability Complaint

DRAM SHOP LIABILITY COMPLAINT

Commonwealth of Kentucky

TABLE OF CONTENTS

1. Caption
2. Jurisdiction and Venue
3. Parties
4. Factual Allegations
5. Count I — Statutory Dram Shop Liability (KRS § 413.241)
6. Count II — Negligence Per Se (KRS § 244.080)
7. Count III — Common Law Negligence
8. Damages
9. Comparative Fault Allocation
10. Jury Demand
11. Prayer for Relief
12. Verification
13. Kentucky-Specific Practice Notes

1. CAPTION

IN THE [CIRCUIT/DISTRICT] COURT OF [________________________________] COUNTY
COMMONWEALTH OF KENTUCKY

CIVIL ACTION NO. [________________________________]

2. JURISDICTION AND VENUE

1. This Court has jurisdiction over this matter pursuant to KRS § 23A.010 and the Kentucky Constitution, § 109.

2. Venue is proper in [________________________________] County pursuant to KRS § 452.400 because [the injury occurred / defendant's principal place of business is located] in this county.

3. The amount in controversy exceeds the jurisdictional minimum for this Court.

3. PARTIES

Plaintiff:

4. Plaintiff [PLAINTIFF NAME] is an individual residing at [________________________________], [________________________________] County, Kentucky [____].

5. [If wrongful death: Plaintiff is the [personal representative / administrator / executor] of the Estate of [DECEDENT NAME], appointed on [__/__/____] by the [________________________________] County [District/Circuit] Court.]

Defendants:

6. Defendant [DEFENDANT ESTABLISHMENT NAME] (hereinafter "Defendant Establishment") is a [corporation / LLC / partnership / sole proprietorship] organized under the laws of [________________________________], with its principal place of business at [________________________________], Kentucky [____].

7. Defendant Establishment holds Kentucky Alcoholic Beverage Control License No. [________________________________], issued by the Kentucky Department of Alcoholic Beverage Control, authorizing the [retail sale / serving] of alcoholic beverages.

8. Defendant [INTOXICATED PERSON NAME] (hereinafter "Intoxicated Person") is an individual residing at [________________________________], Kentucky [____].

4. FACTUAL ALLEGATIONS

9. On or about [__/__/____], at approximately [____] [a.m./p.m.], Intoxicated Person entered Defendant Establishment's premises located at [________________________________].

10. Over the course of approximately [____] hours, Defendant Establishment's employees served Intoxicated Person approximately [____] alcoholic beverages, including [________________________________].

11. At the time of service, Intoxicated Person exhibited visible signs of intoxication, including but not limited to:

☐ Slurred speech
☐ Unsteady gait or difficulty standing
☐ Glassy or bloodshot eyes
☐ Aggressive or unusually loud behavior
☐ Difficulty handling money or making payments
☐ Falling asleep at the bar or table
☐ Odor of alcohol on breath
☐ Other: [________________________________]

12. A reasonable person in the position of Defendant Establishment's employees should have known that Intoxicated Person was already intoxicated at the time additional alcoholic beverages were served.

13. Despite these visible signs of intoxication, Defendant Establishment's employees continued to serve alcoholic beverages to Intoxicated Person.

14. [If minor: Intoxicated Person was under the age of twenty-one (21) years at the time of service, in violation of KRS § 244.080(1).]

15. After departing Defendant Establishment on [__/__/____] at approximately [____] [a.m./p.m.], Intoxicated Person operated a motor vehicle [or describe other conduct] on [________________________________] in [________________________________] County, Kentucky.

16. As a direct and proximate result of intoxication, Intoxicated Person caused [a motor vehicle collision / an assault / other incident] involving Plaintiff at approximately [____] [a.m./p.m.] at or near [________________________________].

17. Plaintiff sustained serious bodily injuries as described more fully below.

5. COUNT I — STATUTORY DRAM SHOP LIABILITY (KRS § 413.241)

18. Plaintiff incorporates by reference all preceding paragraphs.

19. Pursuant to KRS § 413.241, a licensed seller or server of intoxicating beverages may be held liable when a reasonable person under the same or similar circumstances should have known that the person served was already intoxicated.

20. Defendant Establishment, as a licensed seller or server of intoxicating beverages, served alcoholic beverages to Intoxicated Person at a time when a reasonable person should have known that Intoxicated Person was already intoxicated.

21. The continued service of alcohol by Defendant Establishment was a proximate cause of injury to Plaintiff.

22. Defendant Establishment is secondarily liable for Plaintiff's injuries pursuant to KRS § 413.241.

6. COUNT II — NEGLIGENCE PER SE (KRS § 244.080)

23. Plaintiff incorporates by reference all preceding paragraphs.

24. KRS § 244.080 prohibits the sale or furnishing of alcoholic beverages to:

(a) Any person who is actually or apparently under the influence of alcoholic beverages; and/or
(b) Any person under the age of twenty-one (21) years.

25. Defendant Establishment violated KRS § 244.080 by [serving alcohol to a visibly intoxicated person / serving alcohol to a minor].

26. This statutory violation constitutes negligence per se.

27. Plaintiff is within the class of persons the statute was designed to protect, and Plaintiff's injuries are of the type the statute was designed to prevent.

7. COUNT III — COMMON LAW NEGLIGENCE

28. Plaintiff incorporates by reference all preceding paragraphs.

29. Defendant Establishment owed a duty of care to Plaintiff and the general public to refrain from serving alcoholic beverages to persons who were visibly intoxicated or underage.

30. Defendant Establishment breached that duty by continuing to serve alcoholic beverages to Intoxicated Person despite actual or constructive knowledge of intoxication.

31. Defendant Establishment's breach was a proximate cause of Plaintiff's injuries.

8. DAMAGES

32. As a direct and proximate result of Defendants' actions, Plaintiff has suffered the following damages:

(a) Medical expenses — past and future — in the amount of $[________________________________], including but not limited to:

• Emergency medical treatment
• Hospitalization for [____] days
• Surgical procedures: [________________________________]
• Rehabilitation and physical therapy
• Prescription medications
• Future anticipated medical care

(b) Lost wages and earning capacity in the amount of $[________________________________]

(c) Pain and suffering — past and future

(d) Mental anguish and emotional distress

(e) Loss of consortium [if applicable]

(f) Property damage in the amount of $[________________________________]

(g) [If wrongful death: Funeral and burial expenses in the amount of $[________________________________]]

(h) Punitive damages for the reckless and wanton conduct of Defendant Establishment

9. COMPARATIVE FAULT ALLOCATION

33. Pursuant to KRS § 411.182, Kentucky applies a pure comparative fault system with secondary liability allocation for dram shop claims.

34. Under KRS § 413.241, Intoxicated Person bears primary liability for Plaintiff's injuries, and Defendant Establishment bears secondary liability.

10. JURY DEMAND

35. Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right.

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in Plaintiff's favor and against Defendants, jointly and severally where applicable, as follows:

(a) Compensatory damages in an amount to be determined at trial;

(b) Punitive damages for the reckless and wanton conduct of Defendant Establishment;

(c) Pre-judgment and post-judgment interest at the legal rate;

(d) Costs of this action, including reasonable attorney's fees where permitted by law;

(e) Such other and further relief as this Court deems just and proper.

12. VERIFICATION

I, [PLAINTIFF NAME], verify under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge, information, and belief.

Signature: ________________________________________

Date: [__/__/____]

Respectfully submitted,

________________________________________
[ATTORNEY NAME], Esq.
[FIRM NAME]
[ADDRESS]
[CITY], Kentucky [ZIP]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]
Kentucky Bar No. [________________________________]

Counsel for Plaintiff

13. KENTUCKY-SPECIFIC PRACTICE NOTES

Statute of Limitations:

• Personal injury: 1 year from the date of injury (KRS § 413.140(1)(a))
• Wrongful death: 1 year from appointment of personal representative (KRS § 413.180)

Key Statutory Framework:

• KRS § 413.241 is an "anti-dram shop" statute that declares consumption, not service, to be the proximate cause of injury
• Secondary liability attaches only when a reasonable person should have known the patron was already intoxicated
• The intoxicated person bears PRIMARY liability; the establishment bears SECONDARY liability
• The establishment has indemnity rights against the intoxicated person

No Social Host Liability:

• Kentucky does not recognize dram shop claims against social (non-commercial) hosts

No Damage Caps:

• No statutory caps on compensatory or punitive damages in dram shop cases

Key Case Law:

• Grayson Fraternal Order of Eagles v. Claywell, 736 S.W.2d 328 (Ky. 1987)
• DeStock #14, Inc. v. Logsdon, 993 S.W.2d 952 (Ky. 1999)

This template is provided for informational purposes only and does not constitute legal advice. Kentucky's dram shop law is highly restrictive compared to other states. An attorney licensed in Kentucky should review all filings before submission. Last updated: 2026-04-03.