Dram Shop Liability Complaint - North Dakota

DRAM SHOP LIABILITY COMPLAINT — NORTH DAKOTA

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Count I — Dram Shop Liability (N.D.C.C. § 5-01-06.1)
6. Count II — Negligence (Common Law)
7. Damages
8. Jury Demand
9. Prayer for Relief
10. Verification
11. State-Specific Notes

CAPTION

IN THE DISTRICT COURT OF THE STATE OF NORTH DAKOTA
IN AND FOR THE COUNTY OF [____________________]
[____________________] JUDICIAL DISTRICT

PARTIES

1. Plaintiff [PLAINTIFF NAME] is an individual residing at [ADDRESS], [CITY], [COUNTY] County, North Dakota [ZIP CODE], and is a of the injured party / is the injured party.

2. Defendant [LICENSEE/PROVIDER NAME] ("Provider Defendant") is a [corporation/limited liability company/individual/partnership] that, at all relevant times, held a liquor license issued by the State of North Dakota and/or was a person who dispensed, sold, bartered, or gave away alcoholic beverages, and is located at [ADDRESS], [CITY], [COUNTY] County, North Dakota [ZIP CODE].

3. Defendant [INTOXICATED PERSON NAME] ("Intoxicated Defendant") is an individual residing at [ADDRESS], [CITY], [COUNTY] County, North Dakota [ZIP CODE], who, at all relevant times, was served and/or provided alcoholic beverages by the Provider Defendant.

JURISDICTION AND VENUE

4. This Court has subject matter jurisdiction over this action pursuant to N.D. Const. art. VI, § 8 and N.D.C.C. § 27-05-06.

5. Venue is proper in [____________________] County pursuant to N.D.C.C. § 28-04-05 because [the cause of action arose in this county / one or more Defendants reside in this county / the Provider Defendant's place of business is located in this county].

FACTUAL ALLEGATIONS

6. On or about [DATE], Defendant [INTOXICATED PERSON NAME] entered and/or was present at [LOCATION/ESTABLISHMENT NAME], located at [ADDRESS], [CITY], North Dakota.

7. At said location, the Provider Defendant, and/or its agents, servants, or employees, knowingly sold, dispensed, bartered, or gave away alcoholic beverages to the Intoxicated Defendant.

8. At the time of service, the Intoxicated Defendant was obviously intoxicated, as evidenced by the following observable signs:
   - ☐ Slurred speech
   - ☐ Unsteady gait or stumbling
   - ☐ Bloodshot or glassy eyes
   - ☐ Loud or boisterous behavior
   - ☐ Difficulty handling money or objects
   - ☐ Strong odor of alcohol
   - ☐ Other: [________________________________]

9. Despite the Intoxicated Defendant's obvious state of intoxication [or status as a minor/incompetent], the Provider Defendant continued to sell, dispense, barter, or give away alcoholic beverages to the Intoxicated Defendant.

10. On or about [DATE], at approximately [TIME], as a proximate result of the Intoxicated Defendant's intoxication, the Intoxicated Defendant [describe injurious conduct, e.g., operated a motor vehicle and struck Plaintiff's vehicle at the intersection of __________________ and __________________ in __________________, North Dakota].

11. As a direct and proximate result of the incident described above, Plaintiff suffered [describe injuries].

COUNT I — DRAM SHOP LIABILITY

(N.D.C.C. § 5-01-06.1)

12. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

13. Pursuant to N.D.C.C. § 5-01-06.1, every spouse, child, parent, guardian, employer, or other person who is injured in person, property, or means of support by any obviously intoxicated person has a claim for relief for damages against any person who knowingly disposes, sells, barters, or gives away alcoholic beverages to an obviously intoxicated person, a person under twenty-one years of age, or an incompetent.

14. The Provider Defendant knowingly sold, dispensed, bartered, or gave away alcoholic beverages to the Intoxicated Defendant while the Intoxicated Defendant was [obviously intoxicated / under twenty-one years of age / an incompetent], in violation of N.D.C.C. § 5-01-06.1.

15. The Provider Defendant's unlawful furnishing of alcoholic beverages was a proximate cause of the Intoxicated Defendant's intoxication, which was in turn a proximate cause of the injuries and damages suffered by the Plaintiff.

16. Plaintiff is entitled to damages as permitted under N.D.C.C. § 5-01-06.1, including but not limited to compensatory damages for personal injury, property damage, and loss of means of support.

COUNT II — NEGLIGENCE

(Common Law)

17. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

18. The Provider Defendant owed a duty of care to the Plaintiff and the general public not to serve alcoholic beverages to obviously intoxicated persons, minors, or incompetent persons.

19. The Provider Defendant breached that duty by continuing to serve the Intoxicated Defendant despite clear and obvious signs of intoxication [or minority/incompetence].

20. The Provider Defendant's breach of duty was a proximate cause of the injuries and damages suffered by the Plaintiff.

DAMAGES

21. As a direct and proximate result of the Defendants' conduct, Plaintiff has suffered the following injuries and damages:

a. Past and future medical expenses in the amount of $[____________];
b. Past and future lost wages and earning capacity in the amount of $[____________];
c. Pain and suffering, both past and future;
d. Emotional distress and mental anguish;
e. Loss of enjoyment of life;
f. Property damage in the amount of $[____________];
g. Loss of means of support in the amount of $[____________];
h. [If death resulted] Wrongful death damages pursuant to N.D.C.C. § 32-21-01 et seq.;
i. Such other damages as may be proven at trial.

JURY DEMAND

Plaintiff hereby demands a trial by jury on all issues so triable as a matter of right.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against each Defendant for that Defendant's several share of damages, and jointly only to the extent § 32-03.2-02 permits for persons who act in concert in committing a tortious act or aid, encourage, ratify, or adopt it for their benefit, as follows:

a. Compensatory damages in an amount to be determined at trial;
b. Pre-judgment and post-judgment interest as allowed by law;
c. Costs of suit and reasonable attorney's fees as permitted by law;
d. Such other and further relief as the Court deems just and equitable.

VERIFICATION

STATE OF NORTH DAKOTA
COUNTY OF [____________________]

I, [PLAINTIFF NAME], being duly sworn, state that I have read the foregoing Complaint, and that the factual allegations contained therein are true and correct to the best of my knowledge, information, and belief.

[________________________________]
[PLAINTIFF NAME]

Subscribed and sworn to before me this [____] day of [____________], [______].

[________________________________]
Notary Public
My Commission Expires: [__/__/____]

SUBMITTED BY:

[________________________________]
[ATTORNEY NAME], Bar No. [____________]
[FIRM NAME]
[ADDRESS]
[CITY], North Dakota [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Attorney for Plaintiff

STATE-SPECIFIC NOTES

North Dakota Dram Shop Law — Key Provisions

Statutory Authority: N.D.C.C. § 5-01-06.1

Who May Sue: Spouse, child, parent, guardian, employer, or other person injured in person, property, or means of support by the intoxicated person. If death ensues, survivors of the decedent may bring an action.

Who May NOT Sue:

• The intoxicated person themselves
• The estate or personal representatives of the intoxicated person
• An adult passenger in a vehicle driven by the intoxicated person

Who May Be Liable: Any person who knowingly disposes, sells, barters, or gives away alcoholic beverages — this includes both commercial licensees AND social hosts.

Triggering Conduct:

• Serving an obviously intoxicated person
• Serving a person under 21 years of age
• Serving an incompetent person

Comparative Fault: North Dakota applies comparative fault under N.D.C.C. § 32-03.2-02. A plaintiff's recovery is reduced by their percentage of fault but is not barred unless the plaintiff's fault is as great as the combined fault of all other parties (modified comparative fault — 50% bar rule).

Statute of Limitations: Section 28-01-16(5) is a six-year catchall for a noncontract injury claim only when no other period is expressly provided. Confirm the dram-shop claim's current category, accrual, defendant, and any death or other special period.

Social Host Liability: North Dakota is one of the few states that extends dram shop liability to social hosts under the same statutory framework.

Key Case Law:

• Thoring v. Bottonsek, 350 N.W.2d 586 (N.D. 1984) — Extended liability to social hosts under § 5-01-06.1.
• Zuger v. Carlson, 542 N.W.2d 92 (N.D. 1996) — Discussed comparative fault allocation in dram shop cases.

This template is provided for educational and informational purposes only. It does not constitute legal advice. Laws change frequently, and this template may not reflect the most current statutory provisions. Always verify citations and consult with a licensed North Dakota attorney before filing.