Dram Shop Liability Complaint - Maryland

DRAM SHOP / ALCOHOL LIABILITY COMPLAINT

State of Maryland

IMPORTANT: MARYLAND HAS NO DRAM SHOP LAW

Maryland does not have a dram shop statute. The Maryland Court of Appeals has repeatedly held that licensed alcohol vendors are not liable for injuries caused by their intoxicated patrons. See Warr v. JMGM Group, LLC, 433 Md. 170 (2013). Only the legislature — not the courts — may create vendor liability.

Limited exception: In Kiriakos v. Phillips, 448 Md. 440 (2016), the Court of Appeals recognized a narrow common law negligence claim against an adult who furnishes alcohol to a minor in violation of Criminal Law § 10-117(b), when the minor subsequently causes injury to a third party.

TABLE OF CONTENTS

1. Caption
2. Jurisdiction and Venue
3. Parties
4. Factual Allegations
5. Count I — Negligence (Furnishing Alcohol to a Minor — Kiriakos Theory)
6. Count II — Statute or Ordinance Rule (CR § 10-117(b))
7. Alternative Theories of Liability
8. Damages
9. Jury Demand
10. Prayer for Relief
11. Verification
12. Maryland-Specific Practice Notes

1. CAPTION

IN THE CIRCUIT COURT FOR [________________________________] COUNTY
STATE OF MARYLAND

CASE NO. [________________________________]

COMPLAINT

2. JURISDICTION AND VENUE

1. This Court has jurisdiction over this matter pursuant to Md. Code, Cts. & Jud. Proc. § 1-501.

2. Venue is proper in [________________________________] County pursuant to Md. Code, Cts. & Jud. Proc. §§ 6-201 and 6-202(8) because [defendant resides / the cause of action arose] in this county.

3. PARTIES

Plaintiff:

3. Plaintiff [PLAINTIFF NAME] is an individual residing at [________________________________], [________________________________] County, Maryland [____].

4. Plaintiff is a third party who was injured as a result of the intoxicated minor's conduct.

Defendants:

5. Defendant [DEFENDANT NAME] (hereinafter "Furnishing Defendant") is an individual [or entity] residing [or located] at [________________________________], Maryland [____].

6. Defendant [MINOR NAME] (hereinafter "Minor Defendant") is an individual who was [____] years of age at the time of the incident, residing at [________________________________], Maryland [____].

4. FACTUAL ALLEGATIONS

7. On or about [__/__/____], at approximately [____] [a.m./p.m.], Furnishing Defendant provided, furnished, or allowed the consumption of alcoholic beverages by Minor Defendant at [________________________________].

8. Minor Defendant was [____] years of age at the time, under the legal drinking age of twenty-one (21) years.

9. Furnishing Defendant knew or should have known that Minor Defendant was under twenty-one (21) years of age.

10. Furnishing Defendant provided alcoholic beverages to Minor Defendant in violation of Maryland Criminal Law § 10-117(b).

11. Over the course of approximately [____] hours, Minor Defendant consumed approximately [____] alcoholic beverages.

12. Minor Defendant became visibly intoxicated, exhibiting the following signs:

☐ Slurred speech
☐ Unsteady gait or stumbling
☐ Glassy or bloodshot eyes
☐ Impaired judgment or risky behavior
☐ Loss of coordination
☐ Other: [________________________________]

13. After departing the premises at approximately [____] [a.m./p.m.], Minor Defendant [operated a motor vehicle / engaged in conduct] that caused injury to Plaintiff at or near [________________________________].

14. Plaintiff sustained serious injuries as described below.

5. COUNT I — NEGLIGENCE (FURNISHING ALCOHOL TO A MINOR — KIRIAKOS THEORY)

15. Plaintiff incorporates by reference all preceding paragraphs.

16. Under the holding of Kiriakos v. Phillips, 448 Md. 440 (2016), an adult who furnishes alcohol to a minor in violation of Criminal Law § 10-117(b) owes a duty of care to third parties who are foreseeably injured by the minor's intoxicated conduct.

17. Furnishing Defendant owed a duty of care to Plaintiff to refrain from furnishing alcohol to Minor Defendant.

18. Furnishing Defendant breached that duty by furnishing alcoholic beverages to Minor Defendant.

19. It was foreseeable that a minor, once intoxicated, could cause injury to third persons.

20. Furnishing Defendant's breach was a proximate cause of Plaintiff's injuries.

6. COUNT II — STATUTE OR ORDINANCE RULE (CR § 10-117(b))

21. Plaintiff incorporates by reference all preceding paragraphs.

22. Maryland Criminal Law § 10-117(b) provides that an adult may not furnish or allow the consumption of an alcoholic beverage by a minor in the adult's residence or on property under the adult's control.

23. Furnishing Defendant violated § 10-117(b) by furnishing alcohol to Minor Defendant.

24. Plaintiff is within the class of persons this statute was designed to protect.

25. Plaintiff's injuries are of the type the statute was designed to prevent.

26. Furnishing Defendant's statutory violation is evidence of negligence under Maryland's Statute or Ordinance Rule, not negligence per se, and was a proximate cause of Plaintiff's injuries.

7. ALTERNATIVE THEORIES OF LIABILITY

7A. Premises Liability (If Applicable):

27. [If Plaintiff was injured ON the establishment's premises:] Defendant Establishment owed a duty of reasonable care to maintain safe premises for its invitees and to protect against foreseeable criminal or tortious acts by third parties.

7B. Negligent Security (If Applicable):

28. [If the intoxicated person committed an assault on premises:] Defendant Establishment had a duty to provide reasonable security for its patrons and to remove or control visibly intoxicated patrons who posed a foreseeable threat of harm.

7C. Employer Liability (If Applicable):

29. [If the intoxicated person was an employee acting within the scope of employment:] The employer may be vicariously liable under respondeat superior for the employee's tortious conduct.

8. DAMAGES

30. 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 $[________________________________]

(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 expenses, loss of companionship, loss of financial support]

9. JURY DEMAND

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

10. 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) Pre-judgment and post-judgment interest;

(c) Costs of this action;

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

11. 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], Maryland [ZIP]
Telephone: [________________________________]
Email: [________________________________]
Maryland Bar No. [________________________________]

Counsel for Plaintiff

12. MARYLAND-SPECIFIC PRACTICE NOTES

NO DRAM SHOP STATUTE:

• Maryland is one of the few states with NO dram shop statute
• The Court of Appeals in Warr v. JMGM Group, LLC, 433 Md. 170 (2013), definitively held that licensed vendors are NOT liable for injuries caused by intoxicated patrons
• Only the legislature may create such liability

Limited Social Host Liability:

• Kiriakos v. Phillips, 448 Md. 440 (2016), recognized a narrow common law duty running from adults who furnish alcohol to minors in violation of CR § 10-117(b)
• This is the ONLY recognized avenue for alcohol-furnishing liability in Maryland
• Does NOT apply to licensed commercial vendors

Contributory Negligence — CRITICAL:

• Maryland is a contributory negligence state
• ANY negligence by the plaintiff completely bars recovery
• The minor's own negligent drinking does NOT bar the claim under Kiriakos

Statute of Limitations:

• 3 years for personal injury (Cts. & Jud. Proc. § 5-101)

No Pre-Suit Notice:

• No statutory pre-suit notice requirement

No Damage Caps (for this claim type):

• No specific caps apply to the Kiriakos theory of liability
• General noneconomic damages caps for medical malpractice do NOT apply here

Alternative Strategies:

• Premises liability for on-premises injuries
• Negligent security claims
• Direct negligence claims against the intoxicated person
• Employer vicarious liability if applicable

Key Case Law:

• Warr v. JMGM Group, LLC, 433 Md. 170 (2013) — No vendor liability
• Kiriakos v. Phillips, 448 Md. 440 (2016) — Social host liability for furnishing to minors

This template is provided for informational purposes only and does not constitute legal advice. Maryland does NOT recognize dram shop claims against commercial alcohol vendors. Only the narrow Kiriakos exception for furnishing alcohol to minors is available. An attorney licensed in Maryland should review all filings before submission. Last updated: 2026-04-03.