Dram Shop Liability Complaint - Kentucky

DRAM SHOP LIABILITY COMPLAINT

COMMONWEALTH OF KENTUCKY

[________________________________] COURT OF [________________________________] COUNTY

Civil Action No.: [________________________________]

Complaint

Plaintiff alleges as follows:

Parties, court, and event

1. Plaintiff [________________________________] resides in [________________________________] County, [________________________________].

2. Defendant [LICENSED SELLER OR SERVER NAME] is a [business form] with an address at [________________________________]. At the time described below, it held a permit under KRS Chapters 241 to 244 and sold or served intoxicating beverages through its agents or employees at [premises address].

3. Defendant [INTOXICATED PERSON NAME] resides at [________________________________]. This defendant was over the lawful age to purchase the beverages served on the dates alleged below.

4. This action concerns injuries suffered outside the seller's premises in [________________________________] County, Kentucky. The facts supporting this court's jurisdiction and venue are [________________________________].

5. On [__/__/____], at approximately [____], the seller's [identified employee or agent, if known] sold or served [type and amount of alcoholic beverage] to [INTOXICATED PERSON NAME]. The service occurred at [location].

6. Before that service, [INTOXICATED PERSON NAME] was already intoxicated. The observable facts at the time were [specific speech, movement, behavior, prior drinks, or other facts]. [Identify each additional service and the signs existing when it occurred: ________________________________.]

7. Under those circumstances, a reasonable person in the seller's position should have known that [INTOXICATED PERSON NAME] was already intoxicated when the seller served the beverage described in paragraph 5 [and each additional service identified in paragraph 6].

8. After the service, [INTOXICATED PERSON NAME] left the premises and [describe driving or other conduct] at [location] on [__/__/____]. The incident happened off the seller's premises.

9. [Describe how the person's intoxication and conduct caused the incident, including the route from service to injury: ________________________________.]

10. Plaintiff suffered [identify physical injury and property damage, if any] as a result of the incident. Plaintiff has incurred [medical expenses, lost income, property loss, and other supported damages], and seeks compensation for [future losses, if supported].

Claim against the licensed seller or server

11. Plaintiff incorporates paragraphs 1 through 10. KRS 413.241(2) limits the liability of a permit holder and its agents for off-premises injury following service to a person over the lawful purchase age, except where a reasonable person under the same or similar circumstances should know that the person served is already intoxicated at the time of service.

12. The seller or server served [INTOXICATED PERSON NAME] under the circumstances alleged in paragraphs 5 through 7. That service contributed to the intoxication and the incident described in paragraphs 8 through 10. Plaintiff seeks recovery from the seller or server to the extent permitted by KRS 413.241(2) and the facts proved.

Claim against the intoxicated person

13. Plaintiff incorporates paragraphs 1 through 10. [INTOXICATED PERSON NAME] [describe the acts or omissions that caused the incident and why they were careless: ________________________________]. Those acts or omissions caused the injuries alleged above.

14. KRS 413.241(3) states that the intoxicated person is primarily liable with respect to injuries suffered by third persons.

Request for relief

Plaintiff requests judgment against the defendants according to their liability as determined in this action for:

1. Compensatory damages in the amount proved;
2. Costs recoverable by law; and
3. Any other relief the court finds proper.

Plaintiff requests a jury trial on issues triable by jury.

Date: [__/__/____]

Signature: ________________________________________

[PLAINTIFF OR COUNSEL NAME]

[Kentucky Bar Number, if counsel]

[Mailing Address]

[Telephone]

[Email]

[Plaintiff / Counsel for Plaintiff]