DRAM SHOP LIABILITY COMPLAINT

State of Louisiana

TABLE OF CONTENTS

1. Caption
2. Jurisdiction and Venue
3. Parties
4. Factual Allegations
5. Count I — Statutory Liability (La. R.S. 9:2800.1 — Service to Minor)
6. Count II — General Negligence (La. C.C. Art. 2315)
7. Count III — Negligence Per Se — Serving a Minor
8. Damages
9. Prayer for Relief
10. Verification
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 [________________________________] pursuant to La. C.C.P. Art. 42 because [defendant is domiciled in this parish / the wrongful conduct occurred in this parish].

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 applicable: Defendant [INSURER NAME] is the liability insurer of Defendant Establishment under Policy No. [________________________________], and is joined pursuant to the Louisiana Direct Action Statute, La. R.S. 22:1269.]

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 immunity provisions of La. R.S. 9:2800.1(C) expressly exclude liability when consumption is forced or a beverage is misrepresented.

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 — STATUTORY LIABILITY (La. R.S. 9:2800.1 — Exception to 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. However, La. R.S. 9:2800.1(C) expressly excludes from immunity any person who:

(a) Forces consumption of alcoholic beverages;
(b) Misrepresents an alcoholic beverage as non-alcoholic; or
(c) Serves alcoholic beverages to a person under the legal drinking age.

22. Defendant Establishment's conduct falls within the statutory exception because [________________________________].

23. Defendant Establishment is therefore liable for Plaintiff's injuries notwithstanding the general immunity provisions of La. R.S. 9:2800.1.

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 — NEGLIGENCE PER SE — SERVING A MINOR

29. Petitioner incorporates by reference all preceding paragraphs.

30. Louisiana law prohibits the sale, service, or furnishing of alcoholic beverages to persons under the age of twenty-one (21) years (La. R.S. 14:93.10; La. R.S. 26:90).

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

32. The violation of these statutes constitutes negligence per se.

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 in the amount of $[________________________________]

(b) Past and future lost wages and earning capacity in the amount of $[________________________________]

(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 in the amount of $[________________________________]

(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 Defendants, in solido, 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. 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], Louisiana [ZIP]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]
Louisiana Bar Roll No. [________________________________]

Counsel for Petitioner

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
- Immunity extends to both commercial vendors and social hosts for off-premises injuries to persons 21 and older
- The intoxicated person's insurer is "primarily liable" for third-party injuries

Exceptions to Immunity (La. R.S. 9:2800.1(C)):
- Forced consumption
- Misrepresentation of a beverage as non-alcoholic
- Service to a person under the legal drinking age

Prescriptive Period (Statute of Limitations):
- 2 years from the date of injury (La. C.C. Art. 3493.11, effective July 1, 2024)

Comparative Fault:
- Louisiana applies modified comparative fault with a 51% bar to recovery

Direct Action:
- Louisiana permits direct action against the defendant's liability insurer (La. R.S. 22:1269)

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: 2026-04-03.