Dram Shop Liability Complaint

DRAM SHOP LIABILITY COMPLAINT

Commonwealth of Massachusetts

TABLE OF CONTENTS

1. Caption
2. Affidavit Requirement — G.L. ch. 231, § 60J
3. Jurisdiction and Venue
4. Parties
5. Factual Allegations
6. Count I — Common Law Negligence Against Licensed Vendor
7. Count II — Service to a Minor
8. Count III — Social Host Liability
9. Damages
10. Jury Demand
11. Prayer for Relief
12. Certificate of Service
13. Massachusetts-Specific Practice Notes

1. CAPTION

COMMONWEALTH OF MASSACHUSETTS
SUPERIOR COURT DEPARTMENT
[________________________________] COUNTY

CIVIL ACTION NO. [________________________________]

COMPLAINT

2. AFFIDAVIT REQUIREMENT — G.L. ch. 231, § 60J

PLAINTIFF'S AFFIDAVIT PURSUANT TO G.L. ch. 231, § 60J

I, [PLAINTIFF NAME], being duly sworn, depose and state:

1. On [__/__/____], at approximately [____] [a.m./p.m.], Defendant Establishment served alcoholic beverages to [INTOXICATED PERSON NAME].

2. At the time of service, [INTOXICATED PERSON NAME] was [visibly intoxicated / a minor under the age of 21].

3. The following facts demonstrate that Defendant Establishment knew or should have known of the intoxication [or minor status]:

[________________________________]
[________________________________]
[________________________________]

4. As a result of said intoxication, [INTOXICATED PERSON NAME] [describe injurious conduct] causing injury to the undersigned.

Signed under the pains and penalties of perjury:

________________________________________
[PLAINTIFF NAME]

Date: [__/__/____]

3. JURISDICTION AND VENUE

5. This Court has jurisdiction over this matter pursuant to G.L. ch. 212, § 3 and G.L. ch. 231, § 60J.

6. G.L. ch. 231, § 60J requires that actions for the negligent service of alcoholic beverages be brought in the Superior Court.

7. Venue is proper in [________________________________] County pursuant to G.L. ch. 223, § 1 because [the cause of action arose / defendant has its principal place of business] in this county.

4. PARTIES

Plaintiff:

8. Plaintiff [PLAINTIFF NAME] is an individual residing at [________________________________], [________________________________] County, Massachusetts [____].

9. [If wrongful death: Plaintiff is the [personal representative / executor / administrator] of the Estate of [DECEDENT NAME], appointed by the [________________________________] Probate Court on [__/__/____], and brings this action pursuant to G.L. ch. 229, §§ 2, 6.]

Defendants:

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

11. Defendant Establishment holds an alcoholic beverages license issued by the [________________________________] Licensing Board/Authority, License No. [________________________________].

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

5. FACTUAL ALLEGATIONS

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

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

15. At the time of continued service, Intoxicated Person was visibly intoxicated, exhibiting the following signs:

☐ Slurred speech
☐ Unsteady gait or stumbling
☐ Glassy, bloodshot, or watery eyes
☐ Aggressive or loud behavior
☐ Difficulty handling money or credit cards
☐ Loss of coordination or motor control
☐ Drowsiness
☐ Other: [________________________________]

16. Defendant Establishment's employees knew or should have known that Intoxicated Person was intoxicated at the time they continued to serve alcoholic beverages.

17. [If minor: Intoxicated Person was [____] years old at the time, under the legal drinking age of twenty-one (21).]

18. The service of alcoholic beverages to Intoxicated Person violated G.L. ch. 138, § 69, which prohibits serving alcohol to intoxicated persons.

19. After departing Defendant Establishment at approximately [____] [a.m./p.m.], Intoxicated Person [describe conduct] at or near [________________________________], causing injury to Plaintiff.

6. COUNT I — COMMON LAW NEGLIGENCE AGAINST LICENSED VENDOR

20. Plaintiff incorporates by reference all preceding paragraphs.

21. Under Massachusetts common law, as established in Adamian v. Three Sons, Inc., 353 Mass. 498 (1968), and Cimino v. Milford Keg, Inc., 385 Mass. 323 (1982), a licensed vendor of alcoholic beverages owes a duty of care to third persons not to serve alcohol to a person who is intoxicated.

22. Defendant Establishment owed a duty of care to Plaintiff and the general public to refrain from serving alcoholic beverages to persons it knew or should have known were intoxicated.

23. Defendant Establishment breached that duty by continuing to serve alcoholic beverages to Intoxicated Person despite visible signs of intoxication.

24. Defendant Establishment's violation of G.L. ch. 138, § 69, while not constituting negligence per se, is evidence of negligence.

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

7. COUNT II — SERVICE TO A MINOR

26. Plaintiff incorporates by reference all preceding paragraphs.

27. Defendant Establishment served alcoholic beverages to Intoxicated Person, who was under twenty-one (21) years of age, in violation of G.L. ch. 138, § 34.

28. Defendant Establishment failed to exercise reasonable care to verify Intoxicated Person's age.

29. The service of alcohol to a minor was a proximate cause of Plaintiff's injuries.

8. COUNT III — SOCIAL HOST LIABILITY

30. Plaintiff incorporates by reference all preceding paragraphs.

31. Defendant [SOCIAL HOST NAME] served or effectively controlled the distribution of alcoholic beverages at a social gathering at [________________________________] on [__/__/____].

32. Defendant knew or should have known that Intoxicated Person was intoxicated at the time alcohol was served or made available.

33. Defendant's negligence in continuing to serve or make alcohol available was a proximate cause of Plaintiff's injuries.

9. DAMAGES

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

(a) Medical expenses — past and future — in the amount of $[________________________________]

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

(c) Pain and suffering — past and future

(d) Mental anguish and emotional distress

(e) Scarring and disfigurement

(f) Loss of consortium [if applicable]

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

(h) [If wrongful death: Funeral and burial expenses; loss of companionship and comfort pursuant to G.L. ch. 229]

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 as follows:

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

(b) Punitive damages as warranted by the reckless conduct of Defendants;

(c) Pre-judgment and post-judgment interest pursuant to G.L. ch. 231, § 6B;

(d) Costs of this action;

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

12. CERTIFICATE OF SERVICE

I hereby certify that a copy of this Complaint, together with the Plaintiff's Affidavit pursuant to G.L. ch. 231, § 60J, has been served upon all parties in accordance with Mass. R. Civ. P. 5.

________________________________________
[ATTORNEY NAME], Esq.

Date: [__/__/____]

Respectfully submitted,

________________________________________
[ATTORNEY NAME], Esq.
[FIRM NAME]
[ADDRESS]
[CITY], Massachusetts [____]
Telephone: [________________________________]
Email: [________________________________]
BBO No. [________________________________]

Counsel for Plaintiff

13. MASSACHUSETTS-SPECIFIC PRACTICE NOTES

Superior Court Filing Required:

• G.L. ch. 231, § 60J mandates that dram shop cases be filed in SUPERIOR COURT

Mandatory Affidavit:

• Plaintiff affidavit must be filed with the complaint or within 90 days, setting forth sufficient facts to raise a legitimate question of liability
• Failure may result in prompt summary judgment for defendant

Common Law Basis:

• Massachusetts dram shop liability is based on COMMON LAW negligence, not statute
• Violation of G.L. ch. 138, § 69 is evidence of negligence but NOT negligence per se

Intoxicated Person's Own Claims (G.L. ch. 231, § 85T):

• The intoxicated person may only recover against a vendor if the vendor's conduct was willful, wanton, or reckless
• Third-party plaintiffs are not subject to this limitation

Social Host Liability:

• Recognized under common law when the host serves or effectively controls alcohol and knows or should know the guest is intoxicated
• Not liable for merely allowing BYOB drinking

Comparative Fault:

• Modified comparative negligence with a 51% bar to recovery

Statute of Limitations:

• 3 years from the date of injury (G.L. ch. 260, § 2A)

No Damage Caps (general):

• No statutory caps on compensatory damages in dram shop cases
• Charitable immunity cap under G.L. ch. 231, § 85K may limit damages if the defendant is a charitable organization ($100,000 cap)

No Pre-Suit Notice:

• No mandatory pre-suit notice requirement (but the affidavit requirement under § 60J is functionally analogous)

Key Case Law:

• Adamian v. Three Sons, Inc., 353 Mass. 498 (1968)
• Cimino v. Milford Keg, Inc., 385 Mass. 323 (1982)
• McGuiggan v. New England Tel. & Tel. Co., 398 Mass. 152 (1986) (social host liability)

This template is provided for informational purposes only and does not constitute legal advice. Massachusetts requires Superior Court filing and a mandatory plaintiff affidavit. An attorney licensed in Massachusetts should review all filings before submission. Last updated: 2026-04-03.