Dram Shop Liability Complaint - Louisiana

DRAM SHOP LIABILITY COMPLAINT

State of Louisiana

TABLE OF CONTENTS

1. Caption
2. Jurisdiction and Venue
3. Parties
4. Factual Allegations
5. Count I — Conduct Outside Statutory Immunity
6. Count II — General Negligence (La. C.C. Art. 2315)
7. Count III — Statutory Violations — Serving a Person Under 21
8. Damages
9. Prayer for Relief
10. Signature
11. Louisiana-Specific Practice Notes

1. CAPTION

[____] JUDICIAL DISTRICT COURT
PARISH OF [________________________________]
STATE OF LOUISIANA

DOCKET NO. [________________________________] DIVISION [____]

PETITION FOR DAMAGES

2. JURISDICTION AND VENUE

1. This Honorable Court has jurisdiction over this matter pursuant to La. Const. Art. V, § 16 and La. C.C.P. Art. 1.

2. Venue is proper in the Parish of [________________________________] because [an individual Defendant is domiciled here / a domestic entity Defendant has its registered office or principal business establishment here, as applicable] under La. C.C.P. art. 42, or because [the wrongful conduct occurred here / the damages were sustained here] under La. C.C.P. art. 74. [Keep only the ground supported by the Defendants' status and the facts.]

3. PARTIES

Plaintiff (Petitioner):

3. Petitioner [PLAINTIFF NAME] is an individual of the age of majority, domiciled in [________________________________], Parish of [________________________________], Louisiana [____].

4. [If wrongful death/survival action: Petitioner is the [surviving spouse / child / parent / sibling] of [DECEDENT NAME], who died on [__/__/____], and brings this action pursuant to La. C.C. Art. 2315.1 (survival) and La. C.C. Art. 2315.2 (wrongful death).]

Defendants:

5. Defendant [DEFENDANT ESTABLISHMENT NAME] (hereinafter "Defendant Establishment") is a [corporation / LLC / partnership] domiciled in [________________________________], Louisiana, operating under Louisiana Office of Alcohol and Tobacco Control Permit No. [________________________________].

6. Defendant [INTOXICATED PERSON NAME] (hereinafter "Intoxicated Person") is an individual domiciled in [________________________________], Louisiana [____].

7. [If a La. R.S. 22:1269(B)(1) circumstance applies: Defendant [INSURER NAME] is the liability insurer of Defendant Establishment under Policy No. [________________________________], and is joined because [STATE THE APPLICABLE STATUTORY GROUND]. Otherwise omit the insurer as a direct defendant.]

4. FACTUAL ALLEGATIONS

8. On or about [__/__/____], at approximately [____] [a.m./p.m.], Intoxicated Person, who was [a minor under the age of twenty-one (21) years / an adult], entered Defendant Establishment's premises located at [________________________________].

9. Defendant Establishment's employees served Intoxicated Person approximately [____] alcoholic beverages over approximately [____] hours.

10. [Select applicable theory — delete inapplicable sections:]

Theory A — Service to a Minor:

11. At the time of service, Intoxicated Person was [____] years old, under the legal drinking age of twenty-one (21).

12. Defendant Establishment's employees failed to verify the age of Intoxicated Person or negligently accepted invalid or fraudulent identification.

13. The immunity provisions of La. R.S. 9:2800.1 do not apply to the service of alcoholic beverages to minors.

Theory B — Forced Consumption or Misrepresentation:

14. Defendant Establishment's employees [forced Intoxicated Person to consume alcohol against their will / misrepresented a beverage as non-alcoholic when it contained alcohol].

15. The limitation of liability in La. R.S. 9:2800.1 does not apply when a person causes or contributes to consumption by force or by falsely representing that a beverage contains no alcohol. La. R.S. 9:2800.1(E).

16. 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 belligerent behavior
☐ Difficulty handling payment
☐ Loss of coordination
☐ Other: [________________________________]

17. After departing Defendant Establishment on [__/__/____] at approximately [____] [a.m./p.m.], Intoxicated Person [operated a motor vehicle / engaged in conduct] that caused injury to Plaintiff at or near [________________________________].

18. Plaintiff sustained serious bodily injuries as described below.

5. COUNT I — CONDUCT OUTSIDE STATUTORY IMMUNITY

19. Petitioner incorporates by reference all preceding paragraphs.

20. La. R.S. 9:2800.1 provides that the consumption of intoxicating beverages, rather than the sale or serving thereof, is the proximate cause of injuries inflicted upon third persons by an intoxicated person.

21. La. R.S. 9:2800.1(E) excludes from the statute's limitation of liability a person who causes or contributes to alcohol consumption by force or by falsely representing that a beverage contains no alcohol. The vendor limitation in subsection (B) is stated for service to a person over the lawful purchase age; it does not grant that stated protection for service to a minor.

22. The pleaded facts take Defendant Establishment's conduct outside the stated limitation because [describe force, false representation, or service to a minor, and supporting facts].

23. Plaintiff seeks to establish Defendant Establishment's duty, breach, causation, and damages under the applicable tort law; La. R.S. 9:2800.1 does not itself create a damages claim.

6. COUNT II — GENERAL NEGLIGENCE (La. C.C. Art. 2315)

24. Petitioner incorporates by reference all preceding paragraphs.

25. Pursuant to La. C.C. Art. 2315, every act of man that causes damage to another obliges him by whose fault it happened to repair it.

26. Defendant Establishment owed a duty of care to Plaintiff and the general public to refrain from serving alcoholic beverages to [a minor / a person in circumstances falling outside statutory immunity].

27. Defendant Establishment breached that duty.

28. Defendant Establishment's breach was a cause-in-fact and legal cause of Plaintiff's injuries.

7. COUNT III — STATUTORY VIOLATIONS — SERVING A PERSON UNDER 21

29. Petitioner incorporates by reference all preceding paragraphs.

30. La. R.S. 14:93.11(A) addresses selling or otherwise delivering alcoholic beverages for value to a person under twenty-one; La. R.S. 26:90(A)(1)(a) regulates sales or service to such a person by a retail permit holder or its personnel, subject to the statute's identification provisions. Plead the provision applicable to the transaction.

31. Defendant Establishment violated these provisions by serving alcohol to Intoxicated Person, a minor.

32. The alleged statutory violations are relevant to the duty-risk analysis under Louisiana law; they do not themselves establish civil liability.

33. Plaintiff is within the class of persons these statutes are designed to protect.

8. DAMAGES

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

(a) Past and future medical expenses

(b) Past and future lost wages and earning capacity

(c) Past and future physical pain and suffering

(d) Past and future mental anguish and emotional distress

(e) Loss of enjoyment of life

(f) Loss of consortium [if applicable]

(g) Property damage

(h) [If wrongful death: Funeral and burial expenses; loss of love, affection, companionship, and support]

9. PRAYER FOR RELIEF

WHEREFORE, Petitioner prays that after all legal delays and due proceedings are had, there be judgment herein in favor of Petitioner and against each Defendant to the extent of that Defendant's legal responsibility, as follows:

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

(b) Legal interest from the date of judicial demand until paid;

(c) All costs of these proceedings;

(d) All other relief to which Petitioner may be entitled.

10. SIGNATURE

Under La. C.C.P. art. 863, the attorney of record must sign a represented party’s petition; a self-represented petitioner must sign personally. Complete the applicable block. This petition does not require a separate verification unless another law applicable to the claim requires one.

Attorney for Petitioner (if represented):

________________________________________
[ATTORNEY NAME], Esq.
[FIRM NAME]
Physical address for service: [ADDRESS]
[CITY], Louisiana [ZIP]
Telephone: [________________________________]
Email for service: [________________________________]
Louisiana Bar Roll No. [________________________________]
Date: [__/__/____]

Self-represented Petitioner (if no attorney):

________________________________________
[PLAINTIFF NAME]
Physical address for service: [ADDRESS]
Mailing address, if mail is not received there: [ADDRESS / N/A]
Email for service, if any: [________________________________]
Date: [__/__/____]

11. LOUISIANA-SPECIFIC PRACTICE NOTES

CRITICAL — Anti-Dram Shop Statute:

• La. R.S. 9:2800.1 is an ANTI-dram shop statute providing broad immunity to alcohol sellers and servers for injuries to third parties caused by intoxicated adults
• The separate vendor and social-host protections in subsections (B) and (C) address off-premises injuries caused by intoxication of a person over the lawful purchase age, whether suffered by that drinker or another person.
• The intoxicated person's insurer is "primarily liable" for third-party injuries

Limits of Statutory Protection (La. R.S. 9:2800.1(B), (E)):

• Subsection (E) excludes force and false representation that a beverage contains no alcohol from the statute's limitation of liability.
• Subsection (B) addresses vendor service to a person over the lawful purchase age; that stated immunity does not cover service to a minor.

Prescriptive Period (Statute of Limitations):

• 2 years from the date of injury (La. C.C. Art. 3493.1, effective July 1, 2024)

Comparative Fault:

• Louisiana applies modified comparative fault with a 51% bar to recovery

Direct Action:

• La. R.S. 22:1269 permits direct action against the liability insurer only when a subsection (B)(1) circumstance applies; otherwise subsection (D) governs later joinder at judgment or settlement

No Damage Caps:

• No statutory caps on dram shop damages

Key Case Law:

• Berg v. Zummo, 786 So.2d 708 (La. 2001)
• Zapata v. Cormier, 858 So.2d 601 (La. App. 1 Cir. 2003)

This template is provided for informational purposes only and does not constitute legal advice. Louisiana's anti-dram shop statute severely limits claims against alcohol providers. An attorney licensed in Louisiana should review all filings before submission. Last updated: 2026-10-28.