Dram Shop Liability Complaint

DRAM SHOP LIABILITY COMPLAINT

State of Mississippi

TABLE OF CONTENTS

1. Caption
2. Jurisdiction and Venue
3. Parties
4. Factual Allegations
5. Count I — Statutory Dram Shop Liability (§ 67-3-73 — Service to Visibly Intoxicated Person)
6. Count II — Service to a Minor
7. Damages
8. Jury Demand
9. Prayer for Relief
10. Verification
11. Mississippi-Specific Practice Notes

1. CAPTION

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

CIVIL ACTION NO. [________________________________]

COMPLAINT

2. JURISDICTION AND VENUE

1. This Court has jurisdiction over this matter pursuant to Miss. Const. Art. 6, § 156 and Miss. Code Ann. § 9-7-81.

2. Venue is proper in [________________________________] County pursuant to Miss. Code Ann. § 11-11-3 because [the cause of action arose / defendant resides or has its principal place of business] in this county.

3. PARTIES

Plaintiff:

3. Plaintiff [PLAINTIFF NAME] is an adult resident citizen of [________________________________] County, Mississippi, residing at [________________________________], Mississippi [____].

4. [If wrongful death: Plaintiff is the [personal representative / surviving spouse / heir-at-law] of [DECEDENT NAME], deceased, and brings this action pursuant to Miss. Code Ann. § 11-7-13.]

Defendants:

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

6. Defendant Establishment holds a Mississippi Alcoholic Beverage Control permit, Permit No. [________________________________].

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

4. FACTUAL ALLEGATIONS

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

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

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

☐ Slurred speech
☐ Unsteady gait or stumbling
☐ Glassy or bloodshot eyes
☐ Aggressive or belligerent behavior
☐ Difficulty with coordination or motor control
☐ Drowsiness or falling asleep
☐ Other: [________________________________]

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

12. Defendant Establishment's employees continued to serve alcoholic beverages despite the visible signs of intoxication [and/or minor status].

13. After departing Defendant Establishment at approximately [____] [a.m./p.m.], Intoxicated Person [operated a motor vehicle / engaged in conduct] on [________________________________].

14. At approximately [____] [a.m./p.m.], Intoxicated Person caused [describe incident] at or near [________________________________], resulting in injury to Plaintiff.

15. The injuries to Plaintiff occurred OFF the premises of Defendant Establishment.

5. COUNT I — STATUTORY DRAM SHOP LIABILITY (§ 67-3-73 — Exception to Immunity)

16. Plaintiff incorporates by reference all preceding paragraphs.

17. Mississippi Code Ann. § 67-3-73 provides immunity to licensed vendors for injuries caused by intoxicated patrons, but this immunity does NOT apply when:

(a) Alcoholic beverages were obtained by force or false representation;
(b) The purchaser was visibly intoxicated at the time of sale; or
(c) Alcoholic beverages were sold to a person under the legal drinking age.

18. The immunity provision does not apply to Defendant Establishment because:

☐ Intoxicated Person was visibly intoxicated at the time of sale
☐ Intoxicated Person was a minor
☐ Other exception: [________________________________]

19. Defendant Establishment's sale of alcoholic beverages to a visibly intoxicated person [and/or minor] was a proximate cause of Plaintiff's injuries.

20. Defendant Establishment is therefore liable notwithstanding the general immunity provisions of § 67-3-73.

6. COUNT II — SERVICE TO A MINOR

21. Plaintiff incorporates by reference all preceding paragraphs.

22. Defendant Establishment sold or served alcoholic beverages to Intoxicated Person, who was under the legal drinking age of twenty-one (21).

23. The immunity provisions of § 67-3-73 do not extend to service to minors.

24. Defendant Establishment's 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) Noneconomic damages (subject to $1,000,000 statutory cap) including:

• Pain and suffering — past and future
• Mental anguish and emotional distress
• Loss of enjoyment of life
• Loss of consortium [if applicable]

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

(e) Punitive damages for Defendant Establishment's reckless or grossly negligent conduct

(f) [If wrongful death: Funeral and burial expenses; loss of companionship and society]

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;

(b) Noneconomic damages up to the statutory cap of $1,000,000;

(c) Punitive damages within statutory limits;

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

(e) Costs of this action;

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

10. VERIFICATION

I, [PLAINTIFF NAME], verify under oath 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], Mississippi [____]
Telephone: [________________________________]
Email: [________________________________]
Mississippi Bar No. [________________________________]

Counsel for Plaintiff

11. MISSISSIPPI-SPECIFIC PRACTICE NOTES

Broad Vendor Immunity with Exceptions:

• § 67-3-73 provides broad immunity for licensed vendors and adult social hosts
• Immunity does NOT apply when: (a) alcohol obtained by force/false representation; (b) purchaser was visibly intoxicated; (c) alcohol sold to minor

Off-Premises Injuries Only:

• Immunity applies only to off-premises injuries; on-premises injuries may be addressed through other theories

Common Law Claims:

• NOT recognized — statutory framework is the exclusive remedy

Social Host Liability:

• Immune for serving adults who may lawfully consume alcohol
• Liable for serving minors

Damage Caps:

• Noneconomic damages: $1,000,000 (Miss. Code Ann. § 11-1-60)
• Punitive damages: capped based on defendant's net worth

Comparative Fault:

• Pure comparative negligence applies

Statute of Limitations:

• 3 years from the date of injury (Miss. Code Ann. § 15-1-49)

No Pre-Suit Notice:

• No mandatory pre-suit notice requirement

Key Case Law:

• Robinson Property Group, Ltd. P'ship v. McCalman, 51 So. 3d 946 (Miss. 2011)
• Treasure Bay Corp. v. Ricard, 967 So. 2d 1235 (Miss. 2007)

This template is provided for informational purposes only and does not constitute legal advice. Mississippi's dram shop statute provides broad vendor immunity with limited exceptions. An attorney licensed in Mississippi should review all filings before submission. Last updated: 2026-04-03.