Dram Shop Liability Complaint

DRAM SHOP LIABILITY COMPLAINT

State of North Carolina

TABLE OF CONTENTS

1. Caption
2. Jurisdiction and Venue
3. Parties
4. Factual Allegations
5. Count I — Statutory Dram Shop (§ 18B-121 — Sale to Underage Person)
6. Count II — Common Law Negligence (Adult Intoxication)
7. Damages
8. Jury Demand
9. Prayer for Relief
10. Verification
11. North Carolina-Specific Practice Notes

IMPORTANT: NORTH CAROLINA'S LIMITED STATUTORY CLAIM

North Carolina's dram shop statute (N.C. Gen. Stat. §§ 18B-120 to 18B-129) creates a civil cause of action only for sales or furnishing of alcohol to underage persons. There is no statutory cause of action for serving visibly intoxicated adults. Claims involving intoxicated adult patrons must proceed under common law negligence theories.

1. CAPTION

IN THE GENERAL COURT OF JUSTICE
SUPERIOR COURT DIVISION
[________________________________] COUNTY
STATE OF NORTH CAROLINA

FILE NO. [________________________________]

COMPLAINT

2. JURISDICTION AND VENUE

1. This Court has jurisdiction over this matter pursuant to N.C. Const. Art. IV, § 12 and N.C. Gen. Stat. § 7A-243.

2. Venue is proper in [________________________________] County pursuant to N.C. Gen. Stat. § 1-82 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 individual residing at [________________________________], [________________________________] County, North Carolina [____].

4. [If wrongful death: Plaintiff is the [personal representative / administrator / executor] of the Estate of [DECEDENT NAME], appointed by the Clerk of Superior Court of [________________________________] County on [__/__/____], and brings this action pursuant to N.C. Gen. Stat. § 28A-18-2.]

Defendants:

5. Defendant [DEFENDANT ESTABLISHMENT NAME] (hereinafter "Defendant Establishment") is a [permittee / local ABC Board] [organized under the laws of / established in] [________________________________], with its principal place of business at [________________________________], North Carolina [____].

6. Defendant Establishment holds a North Carolina ABC Commission Permit No. [________________________________].

7. Defendant [INTOXICATED/UNDERAGE PERSON NAME] (hereinafter "[Underage Person / Intoxicated Person]") is an individual residing at [________________________________], North Carolina [____].

4. FACTUAL ALLEGATIONS

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

[For statutory claim — underage person:]

9. [Underage Person] was [____] years old, under the legal drinking age of twenty-one (21).

10. Defendant Establishment's employees negligently sold or furnished alcoholic beverages to Underage Person.

11. Defendant Establishment failed to [request identification / adequately verify the age of Underage Person].

12. The sale of alcohol to Underage Person contributed to Underage Person's impairment.

13. After consuming alcoholic beverages, Underage Person operated a motor vehicle [or engaged in conduct] and caused [describe incident] at or near [________________________________], injuring Plaintiff.

[For common law claim — adult intoxication:]

14. Intoxicated Person was an adult. Defendant Establishment's employees served approximately [____] alcoholic beverages to Intoxicated Person over approximately [____] hours.

15. Intoxicated Person was visibly intoxicated, exhibiting:

☐ Slurred speech
☐ Unsteady gait or stumbling
☐ Glassy or bloodshot eyes
☐ Aggressive or belligerent behavior
☐ Loss of coordination
☐ Other: [________________________________]

16. Defendant Establishment continued to serve despite knowledge of visible intoxication.

5. COUNT I — STATUTORY DRAM SHOP (N.C. Gen. Stat. § 18B-121 — Sale to Underage Person)

17. Plaintiff incorporates by reference all preceding paragraphs.

18. Pursuant to N.C. Gen. Stat. § 18B-121, a permittee or local ABC Board that negligently sells or furnishes an alcoholic beverage to an underage person is liable for injuries proximately caused by the underage person's consumption of the alcohol.

19. Defendant Establishment negligently sold or furnished alcoholic beverages to Underage Person, who was under twenty-one (21) years of age.

20. The alcoholic beverages contributed to Underage Person's impairment.

21. Underage Person's impairment was a proximate cause of Plaintiff's injuries.

22. Pursuant to N.C. Gen. Stat. § 18B-122:

☐ Defendant Establishment failed to request identification from a person who appeared to be under 21 (evidence of negligence)
☐ Defendant Establishment accepted fraudulent or invalid identification (evidence of negligence)
☐ Other evidentiary basis: [________________________________]

6. COUNT II — COMMON LAW NEGLIGENCE (Adult Intoxication)

23. Plaintiff incorporates by reference all preceding paragraphs.

24. Under North Carolina common law, as recognized in Hart v. Ivey, 332 N.C. 299, 420 S.E.2d 174 (1992), a provider of alcoholic beverages owes a duty of care not to serve visibly intoxicated persons when it is foreseeable that the intoxicated person may injure others.

25. Defendant Establishment owed a duty of care to Plaintiff.

26. Defendant Establishment breached that duty by continuing to serve Intoxicated Person despite visible intoxication.

27. The breach was a proximate cause of Plaintiff's injuries.

7. DAMAGES

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

[For statutory claim — subject to $500,000 cap:]

(a) Compensatory damages subject to the $500,000 per-occurrence cap (N.C. Gen. Stat. § 18B-123), including:

• Medical expenses — past and future
• Lost wages and earning capacity
• Pain and suffering
• Mental anguish and emotional distress
• Loss of consortium [if applicable]
• Property damage

[For common law claim — no statutory cap:]

(b) Compensatory damages not subject to the statutory cap, including:

• Medical expenses — past and future — in the amount of $[________________________________]
• Lost wages and earning capacity in the amount of $[________________________________]
• Pain and suffering — past and future
• Mental anguish and emotional distress
• Loss of consortium [if applicable]
• Property damage in the amount of $[________________________________]

(c) Punitive damages [if applicable, under common law claim]

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

8. JURY DEMAND

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

9. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays 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 [subject to the $500,000 statutory cap for Count I];

(b) Punitive damages as warranted [for common law claims];

(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 NORTH CAROLINA )
COUNTY OF [________________________________] )

I, [PLAINTIFF NAME], being duly sworn, depose and say that I have read the foregoing Complaint and that the facts stated therein are true to the best of my knowledge, information, and belief.

________________________________________
[PLAINTIFF NAME]

Sworn to and subscribed before me this [____] day of [____________], [____].

________________________________________
Notary Public
My commission expires: [__/__/____]

Respectfully submitted,

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

Attorney for Plaintiff

11. NORTH CAROLINA-SPECIFIC PRACTICE NOTES

Statutory Claim — Underage Sales ONLY:

• N.C. Gen. Stat. §§ 18B-120 to 18B-129 applies exclusively to negligent sales to underage persons
• NO statutory cause of action for serving visibly intoxicated adults

Common Law — Adult Intoxication:

• Recognized under Hart v. Ivey, 332 N.C. 299, 420 S.E.2d 174 (1992)
• Estate of Mullis v. Monroe Oil Co., 349 N.C. 196, 505 S.E.2d 131 (1998)

CONTRIBUTORY NEGLIGENCE — CRITICAL:

• North Carolina is one of few states retaining pure contributory negligence
• ANY fault by the plaintiff is a COMPLETE BAR to recovery
• This applies to both statutory and common law claims

Damage Cap (Statutory Claims Only):

• $500,000 per occurrence with proportional abatement
• Common law claims are NOT capped

VERY SHORT Statute of Limitations:

• Statutory claims: 1 YEAR from accrual (§ 18B-126 per G.S. 1-54(7a))
• Common law claims: 3 years (G.S. 1-52(5))

Evidentiary Rules (§ 18B-122):

• Failure to request ID from a person appearing under 21 is evidence of negligence
• Acceptance of fraudulent ID may also be evidence of negligence

Social Host Liability:

• NOT covered by the statute
• May be liable under common law

No Pre-Suit Notice:

• No mandatory pre-suit notice requirement

Key Case Law:

• Hart v. Ivey, 332 N.C. 299, 420 S.E.2d 174 (1992)
• Estate of Mullis v. Monroe Oil Co., 349 N.C. 196, 505 S.E.2d 131 (1998)

This template is provided for informational purposes only and does not constitute legal advice. North Carolina's statutory claim is limited to underage sales, and contributory negligence is a complete defense. An attorney licensed in North Carolina should review all filings before submission. Last updated: 2026-04-03.