Dram Shop Liability Complaint

DRAM SHOP LIABILITY COMPLAINT

State of Nebraska

TABLE OF CONTENTS

1. Caption
2. Jurisdiction and Venue
3. Parties
4. Factual Allegations
5. Count I — Minor Alcoholic Liquor Liability Act (§ 53-404)
6. Count II — Negligence — Furnishing Alcohol to a Minor
7. Damages
8. Jury Demand
9. Prayer for Relief
10. Verification
11. Nebraska-Specific Practice Notes

IMPORTANT: NEBRASKA'S LIMITED DRAM SHOP LAW

Nebraska does not have a general dram shop statute covering service to intoxicated adults. In Holmes v. Circo, 196 Neb. 496, 244 N.W.2d 65 (1976), the Nebraska Supreme Court held that common law claims against alcohol vendors for serving intoxicated adults are not recognized.

Nebraska's Minor Alcoholic Liquor Liability Act (§§ 53-401 to 53-409) provides a statutory cause of action only for injuries caused by intoxicated minors. If the intoxicated person was an adult, this template's statutory claims do not apply; consult counsel about alternative theories.

1. CAPTION

IN THE DISTRICT COURT OF [________________________________] COUNTY, NEBRASKA

CASE NO. [________________________________]

COMPLAINT — MINOR ALCOHOLIC LIQUOR LIABILITY ACT

2. JURISDICTION AND VENUE

1. This Court has jurisdiction over this matter pursuant to Neb. Rev. Stat. § 24-302.

2. Venue is proper in [________________________________] County pursuant to Neb. Rev. Stat. § 25-403 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, Nebraska [____].

4. [If wrongful death: Plaintiff is the [personal representative / next of kin] of [DECEDENT NAME] and brings this action pursuant to Neb. Rev. Stat. § 30-810.]

Defendants:

5. Defendant [DEFENDANT NAME] (hereinafter "Furnishing Defendant") is a [retailer / social host / individual] [residing / located] at [________________________________], Nebraska [____].

6. [If retailer: Defendant holds a Nebraska Liquor Control Commission License No. [________________________________].]

7. Defendant [INTOXICATED MINOR NAME] (hereinafter "Minor") is an individual who was [____] years of age at the time of the incident, residing at [________________________________], Nebraska [____].

4. FACTUAL ALLEGATIONS

8. On or about [__/__/____], at approximately [____] [a.m./p.m.], Minor, who was [____] years old (under the legal drinking age of twenty-one), consumed alcoholic beverages at [________________________________].

9. [Select applicable theory:]

Theory A — Retailer Sale to Minor:

10. Defendant [RETAILER NAME] sold or served alcoholic beverages to Minor in violation of Nebraska law.

11. Defendant did not exercise the absolute defense of reasonable reliance on valid identification under Neb. Rev. Stat. § 53-180.07.

Theory B — Social Host:

12. Defendant [SOCIAL HOST NAME] allowed Minor to consume alcoholic beverages on property owned, occupied, or controlled by Defendant, as defined in Neb. Rev. Stat. § 53-401(3).

Theory C — Person Who Procured Alcohol:

13. Defendant [PROCURING PERSON NAME] procured, sold, dispensed, or gave alcoholic beverages to Minor.

14. Over the course of approximately [____] hours, Minor consumed approximately [____] alcoholic beverages and became intoxicated.

15. Minor exhibited visible signs of intoxication, including:

☐ Slurred speech
☐ Unsteady gait or stumbling
☐ Glassy or bloodshot eyes
☐ Impaired judgment
☐ Difficulty with coordination
☐ Other: [________________________________]

16. After becoming intoxicated, Minor [operated a motor vehicle / engaged in conduct] that caused injury to Plaintiff at or near [________________________________] on [__/__/____] at approximately [____] [a.m./p.m.].

5. COUNT I — MINOR ALCOHOLIC LIQUOR LIABILITY ACT (Neb. Rev. Stat. § 53-404)

17. Plaintiff incorporates by reference all preceding paragraphs.

18. Pursuant to Neb. Rev. Stat. § 53-404, a person injured by an intoxicated minor has a cause of action against:

(a) A social host who allowed the minor to consume alcohol on premises they own, occupy, or control;
(b) A person who procured, sold, dispensed, or gave alcohol to the minor; and/or
(c) A retailer who sold alcohol to the minor.

19. Furnishing Defendant [sold alcohol to / allowed consumption by / procured alcohol for] Minor in violation of the Act.

20. Minor's intoxication was a proximate cause of Plaintiff's injuries.

21. Furnishing Defendant is liable for all actual damages pursuant to § 53-404.

6. COUNT II — NEGLIGENCE — FURNISHING ALCOHOL TO A MINOR

22. Plaintiff incorporates by reference all preceding paragraphs.

23. The Act expressly provides that the statutory cause of action is "in addition to any other cause of action available in tort" for injuries caused by an intoxicated minor (§ 53-404).

24. Furnishing Defendant owed a duty of care to the public, including Plaintiff, not to furnish alcohol to minors.

25. Furnishing Defendant breached that duty.

26. Furnishing Defendant's breach was a proximate cause of Plaintiff's injuries.

7. DAMAGES

27. 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) Pain and suffering — past and future

(d) Mental anguish and emotional distress

(e) Loss of consortium [if applicable]

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

(g) [If wrongful death: Funeral expenses; loss of services, companionship, and financial support]

8. JURY DEMAND

28. 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) All actual damages in an amount to be determined at trial;

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

(c) Costs of this action;

(d) Such other and further relief as this Court deems just and equitable.

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], Nebraska [____]
Telephone: [________________________________]
Email: [________________________________]
Nebraska Bar No. [________________________________]

Counsel for Plaintiff

11. NEBRASKA-SPECIFIC PRACTICE NOTES

MINORS ONLY:

• Nebraska's statutory dram shop cause of action applies ONLY to injuries caused by intoxicated MINORS
• No general dram shop statute for adult intoxication

No Common Law Claims for Adult Intoxication:

• Holmes v. Circo, 196 Neb. 496, 244 N.W.2d 65 (1976) — abolished common law claims against vendors for serving adults

Supplemental to Tort Claims:

• The Act is "in addition to" other tort causes of action for minor-related injuries (§ 53-404)

Retailer Absolute Defenses (§ 53-180.07):

• Retailers have an absolute defense when they reasonably rely on valid ID-related proofs

Social Host Liability:

• YES for minors; NOT liable for adults

Comparative Fault:

• Modified comparative negligence with a 50% bar to recovery

No Damage Caps:

• All actual damages are recoverable; no statutory caps specified

Statute of Limitations:

• 4 years from the occurrence causing injury, property damage, or death

No Pre-Suit Notice:

• No mandatory pre-suit notice requirement

Key Case Law:

• Holmes v. Circo, 196 Neb. 496, 244 N.W.2d 65 (1976)
• Arant v. G.H., Inc., 229 Neb. 729, 428 N.W.2d 631 (1988)

This template is provided for informational purposes only and does not constitute legal advice. Nebraska's dram shop liability is strictly limited to injuries caused by intoxicated minors. An attorney licensed in Nebraska should review all filings before submission. Last updated: 2026-04-03.