Dram Shop Liability Complaint - Montana

DRAM SHOP LIABILITY COMPLAINT

State of Montana

TABLE OF CONTENTS

1. Caption
2. Pre-Suit Notice Compliance
3. Jurisdiction and Venue
4. Parties
5. Factual Allegations
6. Count I — Statutory Dram Shop Liability (§ 27-1-710)
7. Count II — Service to an Underage Consumer
8. Damages
9. Jury Demand
10. Prayer for Relief
11. Verification
12. Montana-Specific Practice Notes

1. CAPTION

IN THE [____] JUDICIAL DISTRICT COURT
[________________________________] COUNTY, MONTANA

CAUSE NO. [________________________________]

COMPLAINT — DRAM SHOP LIABILITY
(Mont. Code Ann. § 27-1-710)

2. PRE-SUIT NOTICE COMPLIANCE

1. On [__/__/____], within 180 days of the sale or service at issue, Plaintiff sent written notice of intent to sue by certified mail to Defendant Establishment, which notice included:

☐ The date, time, and circumstances of the event involving the consumer
☐ The alleged visual or audible indicators of visible intoxication observed by the furnishing party before service
☐ The nature of the claim

2. Proof of mailing by certified mail is attached as Exhibit A.

3. [If applicable: Certified mail return receipt is attached as Exhibit B.]

3. JURISDICTION AND VENUE

4. This Court has jurisdiction over this matter pursuant to Mont. Code Ann. § 3-5-302.

5. Venue is proper in [________________________________] County pursuant to Mont. Code Ann. § 25-2-122 because [a defendant resided here when this action commenced / the tort was committed here / another applicable subsection permits this venue]: [________________________________].

4. PARTIES

Plaintiff:

6. Plaintiff [PLAINTIFF NAME] is an individual residing at [________________________________], [________________________________] County, Montana [____].

7. [If wrongful death: Plaintiff is the personal representative of the estate of [DECEDENT NAME] and brings this action pursuant to Mont. Code Ann. § 27-1-513.]

Defendants:

8. Defendant [DEFENDANT ESTABLISHMENT NAME] (hereinafter "Defendant Establishment") is a [person / entity] that furnished alcoholic beverages, organized under the laws of [________________________________], with its principal place of business at [________________________________], Montana [____].

9. Defendant Establishment furnished the alcoholic beverage at issue by [describe service or provision: ________________________________].

10. Defendant [CONSUMER NAME] (hereinafter "Consumer") is an individual residing at [________________________________], Montana [____].

5. FACTUAL ALLEGATIONS

11. On or about [__/__/____], at approximately [____] [a.m./p.m.], Consumer was at Defendant Establishment's premises at [________________________________].

12. Defendant Establishment furnished approximately [____] alcoholic beverages to Consumer over approximately [____] hours.

13. [If relying on visible intoxication: At the time of service, Consumer exhibited visible and/or audible signs of intoxication observed by the furnisher, including:]

☐ Slurred speech (audible)
☐ Unsteady gait, stumbling, or swaying (visible)
☐ Glassy or bloodshot eyes (visible)
☐ Aggressive or belligerent behavior (visible/audible)
☐ Incoherent speech (audible)
☐ Difficulty with coordination (visible)
☐ Drowsiness or loss of alertness (visible)
☐ Other visible/audible signs: [________________________________]

14. [If underage: Consumer was [____] years old, under the legal drinking age, and Defendant Establishment knew that fact or did not make a reasonable attempt to determine age.]

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

6. COUNT I — STATUTORY DRAM SHOP LIABILITY (Mont. Code Ann. § 27-1-710)

16. Plaintiff incorporates by reference all preceding paragraphs.

17. Pursuant to Mont. Code Ann. § 27-1-710(4), furnishing alcohol may support liability only if a statutory condition is met, including:

(a) The person served was visibly intoxicated at the time of furnishing; or
(b) The person served was underage and the furnishing person knew the consumer was underage or made no reasonable attempt to determine age; or
(c) The furnishing person forced or coerced consumption or said the beverage contained no alcohol.

18. Defendant Establishment furnished alcoholic beverages to Consumer at a time when Consumer [was visibly intoxicated / was underage and the furnisher knew it or made no reasonable age-check attempt / was forced or coerced to consume alcohol / was falsely told the beverage contained no alcohol].

19. Defendant Establishment's furnishing of alcohol was a proximate cause of Plaintiff's injuries.

7. [IF APPLICABLE] COUNT II — SERVICE TO AN UNDERAGE CONSUMER

20. Plaintiff incorporates by reference all preceding paragraphs.

21. Consumer was under the legal drinking age at the time of service.

22. Defendant Establishment failed to perform a reasonable age check before furnishing alcohol.

23. The furnishing of alcohol to an underage consumer was a proximate cause of Plaintiff's injuries.

8. DAMAGES

24. 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 (all claimants together subject to the $250,000 cap per event) 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 procedure: Plaintiff makes no punitive request in this initial Complaint and may seek leave to amend only after discovery commences under Mont. Code Ann. § 27-1-221(5)

(f) [If wrongful death: specify recoverable damages under the governing Montana law]

9. JURY DEMAND

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

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) Noneconomic damages up to $250,000;

(c) Reservation of Plaintiff's right, after discovery commences, to seek leave under Mont. Code Ann. § 27-1-221(5) to amend the pleading if the required evidentiary showing can be made;

(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.

11. 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], Montana [____]
Telephone: [________________________________]
Email: [________________________________]
Montana Bar No. [________________________________]

Counsel for Plaintiff

12. MONTANA-SPECIFIC PRACTICE NOTES

MANDATORY 180-Day Notice:

• Written notice of intent to sue must be mailed by CERTIFIED MAIL within 180 days of the sale or service
• Must include the date, time, and circumstances of the event involving the consumer, the alleged indicators observed by the furnishing party before service, and a reasonable factual and legal basis for a § 27-1-710(4) exception

2-Year Filing Deadline:

• Action must be commenced within 2 years of the sale or service

Evidence under the visible-intoxication branch:

• Actual or hypothetical BAC may not be used to impute that the server observed visible intoxication before service
• Signs displayed after service and the furnisher's later conduct may not be considered to establish liability under § 27-1-710(4)(b)

Exclusive Remedy:

• Statutory scheme is exclusive; common law claims are barred

Furnisher coverage:

• Section 27-1-710 applies to a person or entity furnishing alcohol, subject to the statute's liability conditions and claimant exclusions

Damage Caps:

• Noneconomic damages: $250,000 per event (Mont. Code Ann. § 27-1-710)
• Punitive damages: total liability capped at $250,000 under § 27-1-710(11); visible intoxication alone does not establish punitive liability

Causation evidence:

• Section 27-1-710(5) directs the factfinder to consider the consumer's actions, the injured person's negligence, observed intoxication indicators, and independent or multiple causes

Claimant Restrictions:

• A passenger over 18 in the consumer's car, and that passenger's estate, guardian, or dependent, may not sue under § 27-1-710(4)
• The consumer and the consumer's estate, guardian, or dependent may sue only under the underage or forced/coerced/misrepresented-alcohol exceptions in § 27-1-710(7)(b)

This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Montana should review the completed filing before submission. Last updated: 2026-10-02.