Dram Shop Liability Complaint

DRAM SHOP LIABILITY COMPLAINT

State of Missouri

TABLE OF CONTENTS

1. Caption
2. Jurisdiction and Venue
3. Parties
4. Factual Allegations
5. Count I — Statutory Dram Shop Liability (§ 537.053)
6. Count II — Service to a Minor
7. Damages
8. Jury Demand
9. Prayer for Relief
10. Verification
11. Missouri-Specific Practice Notes

1. CAPTION

IN THE CIRCUIT COURT OF [________________________________] COUNTY
STATE OF MISSOURI

CASE NO. [________________________________] DIVISION [____]

PETITION — DRAM SHOP LIABILITY

2. JURISDICTION AND VENUE

1. This Court has jurisdiction over this matter pursuant to Mo. Const. Art. V, § 14 and Mo. Rev. Stat. § 478.070.

2. Venue is proper in [________________________________] County pursuant to Mo. Rev. Stat. § 508.010 because [defendant resides / the cause of action arose] in this county.

3. PARTIES

Plaintiff:

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

4. Plaintiff is a third party injured by the conduct of Intoxicated Person and is NOT the person who consumed the alcoholic beverages.

5. [If wrongful death: Plaintiff is [a class one plaintiff / the personal representative] and brings this action pursuant to Mo. Rev. Stat. § 537.080.]

Defendants:

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

7. Defendant Establishment holds a Missouri Division of Alcohol and Tobacco Control license for the sale of intoxicating liquor by the drink for on-premises consumption, License No. [________________________________].

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

4. FACTUAL ALLEGATIONS

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

10. Over the course of approximately [____] hours, Defendant Establishment's employees served Intoxicated Person approximately [____] alcoholic beverages for on-premises consumption.

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

☐ Slurred speech
☐ Unsteady gait, stumbling, or swaying
☐ Glassy or bloodshot eyes
☐ Aggressive or belligerent behavior
☐ Difficulty with coordination or motor control
☐ Difficulty handling money or signing receipts
☐ Drowsiness or loss of alertness
☐ Other observable signs: [________________________________]

12. Defendant Establishment's employees knew or should have known that Intoxicated Person was [a minor / visibly intoxicated] at the time they continued to serve alcoholic beverages.

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

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

15. Plaintiff sustained serious injuries as described below.

5. COUNT I — STATUTORY DRAM SHOP LIABILITY (Mo. Rev. Stat. § 537.053)

16. Plaintiff incorporates by reference all preceding paragraphs.

17. Pursuant to Mo. Rev. Stat. § 537.053, a person licensed to sell intoxicating liquor by the drink for on-premises consumption is liable for damages if:

(a) The licensee sold intoxicating liquor to a person who was visibly intoxicated or a minor; and
(b) The licensee knew or should have known that the person was visibly intoxicated or a minor.

18. Defendant Establishment sold intoxicating liquor by the drink to Intoxicated Person, who was [visibly intoxicated / a minor], at a time when Defendant Establishment knew or should have known of said condition.

19. Defendant Establishment's sale of intoxicating liquor was a proximate cause of Plaintiff's injuries.

20. Plaintiff can establish the foregoing by clear and convincing evidence, as required by § 537.053.

6. COUNT II — SERVICE TO A MINOR

21. Plaintiff incorporates by reference all preceding paragraphs.

22. Intoxicated Person was under the age of twenty-one (21) at the time Defendant Establishment served alcoholic beverages.

23. Defendant Establishment knew or should have known of Intoxicated Person's minor status.

24. The unlawful service to a minor was a proximate cause of Plaintiff's injuries.

7. DAMAGES

25. As a direct and proximate result of Defendants' actions, Plaintiff has suffered:

(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) Punitive damages for the willful or reckless conduct of Defendant Establishment

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

8. JURY DEMAND

26. Plaintiff hereby demands a trial by jury on all issues so triable.

9. 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, proven by clear and convincing evidence;

(b) Punitive damages as warranted;

(c) Pre-judgment and post-judgment interest;

(d) Costs of this action;

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

10. VERIFICATION

STATE OF MISSOURI )
) ss.
COUNTY OF [________________________________] )

I, [PLAINTIFF NAME], being first duly sworn, state that the facts set forth in the foregoing Petition are true and correct to the best of my knowledge, information, and belief.

Signature: ________________________________________

Date: [__/__/____]

Respectfully submitted,

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

Attorney for Plaintiff

11. MISSOURI-SPECIFIC PRACTICE NOTES

Elevated Burden of Proof:

• Claims must be proven by CLEAR AND CONVINCING evidence — not mere preponderance
• BAC evidence alone is NOT prima facie evidence of visible intoxication

On-Premises Licensees Only:

• § 537.053 applies ONLY to persons licensed to sell by the drink for on-premises consumption
• Off-premises retailers (package stores) are NOT covered

Intoxicated Adult's Own Claims BARRED:

• Adults over 21 CANNOT recover for their own injuries caused by their intoxication

No Common Law Claims:

• Common law negligence claims against alcohol providers are NOT recognized

No Social Host Liability:

• Social hosts are NOT liable under Missouri law

Employee Protection:

• Employees are protected from discharge for refusing to serve visibly intoxicated patrons

Comparative Fault:

• Pure comparative fault applies

No Damage Caps:

• No statutory caps on compensatory damages
• No specific dram shop damage caps

Statute of Limitations:

• Personal injury: 5 years (Mo. Rev. Stat. § 516.120)
• Wrongful death: 3 years (Mo. Rev. Stat. § 537.100)

No Pre-Suit Notice:

• No mandatory pre-suit notice requirement

Key Case Law:

• Kilmer v. Mun, 17 S.W.3d 545 (Mo. banc 2000)
• Snodgrass v. Martin & Bayley, Inc., 204 S.W.3d 638 (Mo. banc 2006)

This template is provided for informational purposes only and does not constitute legal advice. Missouri's clear and convincing evidence standard makes dram shop claims significantly more difficult to prove. An attorney licensed in Missouri should review all filings before submission. Last updated: 2026-04-03.