Dram Shop Liability Complaint

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 and time of the sale or service of alcohol
☐ The circumstances of the sale or service
☐ Observed visible and/or audible indicators of intoxication
☐ 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. § 25-2-118 because [the cause of action arose / defendant resides or has its principal place of business] in this county.

4. PARTIES

Plaintiff:

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

7. [If wrongful death: Plaintiff is the [personal representative / surviving spouse / heir] 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 holds Montana Department of Revenue Liquor License No. [________________________________].

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

5. FACTUAL ALLEGATIONS

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

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

13. At the time of service, Intoxicated Person exhibited visible and/or audible signs of intoxication, 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: Intoxicated Person was [____] years old, under the legal drinking age, and Defendant Establishment failed to perform a reasonable age check.]

15. After departing Defendant Establishment at approximately [____] [a.m./p.m.], Intoxicated Person [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, a person or entity that furnishes alcohol is liable when:

(a) The person served was visibly intoxicated at the time of furnishing; or
(b) The person served was underage and no reasonable age check was performed; or
(c) The consumption was forced or the beverage was misrepresented.

18. Defendant Establishment furnished alcoholic beverages to Intoxicated Person at a time when Intoxicated Person [was visibly intoxicated / was underage without reasonable age verification / was subject to forced consumption or misrepresentation].

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

7. COUNT II — SERVICE TO AN UNDERAGE CONSUMER

20. Plaintiff incorporates by reference all preceding paragraphs.

21. Intoxicated Person 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 (subject to $250,000 statutory 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 (subject to statutory cap)

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

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) 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.

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 date, time, circumstances, and observed visible/audible intoxication indicators

2-Year Filing Deadline:

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

BAC Evidence PROHIBITED:

• Actual or hypothetical BAC may NOT be used to infer visible intoxication
• Post-service indicators are also excluded
• Evidence limited to visible and audible signs observed at the time of service

Exclusive Remedy:

• Statutory scheme is exclusive; common law claims are barred

Social Host Liability:

• YES — the statute applies to any "person or entity" furnishing alcohol, including social hosts
• Rohlfs v. Klemenhagen, LLC, 2009 MT 440

Damage Caps:

• Noneconomic damages: $250,000 per event (Mont. Code Ann. § 27-1-710)
• Punitive damages: capped per statutory formula

Comparative Fault:

• Modified comparative negligence with 51% bar to recovery

Claimant Restrictions:

• Adult passengers and the intoxicated consumer are largely barred from recovery
• Claims generally limited to underage consumers, coerced persons, or third parties injured by a minor

Key Case Law:

• Cusenbary v. Mortensen, 1999 MT 221, 296 Mont. 25, 987 P.2d 351
• Rohlfs v. Klemenhagen, LLC, 2009 MT 440

This template is provided for informational purposes only and does not constitute legal advice. Montana's mandatory 180-day certified mail notice and BAC evidence prohibition are unique procedural requirements. An attorney licensed in Montana should review all filings before submission. Last updated: 2026-04-03.