Dram Shop Liability Complaint

DRAM SHOP LIABILITY COMPLAINT

State of New Hampshire

TABLE OF CONTENTS

1. Caption
2. Jurisdiction and Venue
3. Parties
4. Factual Allegations
5. Count I — Negligent Service (RSA 507-F:4)
6. Count II — Reckless Service (RSA 507-F:5)
7. Count III — Social Host Liability (Common Law)
8. Damages
9. Jury Demand
10. Prayer for Relief
11. Verification
12. New Hampshire-Specific Practice Notes

1. CAPTION

THE STATE OF NEW HAMPSHIRE
[________________________________] COUNTY
SUPERIOR COURT

DOCKET NO. [________________________________]

COMPLAINT — ALCOHOLIC BEVERAGE LICENSEE LIABILITY
(RSA 507-F)

2. JURISDICTION AND VENUE

1. This Court has jurisdiction over this matter pursuant to RSA 491:7.

2. Venue is proper in [________________________________] County pursuant to RSA 507:9 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, New Hampshire [____].

4. [If Plaintiff is the intoxicated person:] Plaintiff brings claims under the RECKLESS service theory (RSA 507-F:5) only, as negligent service claims under RSA 507-F:4 are not available to the intoxicated person.

5. [If wrongful death: Plaintiff is the [administrator / executor] of the Estate of [DECEDENT NAME] and brings this action pursuant to RSA 556:12.]

Defendants:

6. Defendant [DEFENDANT ESTABLISHMENT NAME] (hereinafter "Defendant Establishment") is a [corporation / LLC / partnership] organized under the laws of [________________________________], with its principal place of business at [________________________________], New Hampshire [____].

7. Defendant Establishment holds a New Hampshire Liquor Commission license, License No. [________________________________].

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

4. FACTUAL ALLEGATIONS

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

10. Defendant Establishment's employees served Intoxicated Person approximately [____] alcoholic beverages over approximately [____] hours.

11. At the time of continued service, Intoxicated Person was intoxicated, exhibiting the following signs normally associated with alcohol consumption:

☐ Slurred speech
☐ Unsteady gait or stumbling
☐ Glassy or bloodshot eyes
☐ Aggressive or belligerent behavior
☐ Difficulty with coordination or motor control
☐ Impaired judgment or risky behavior
☐ Drowsiness or loss of alertness
☐ Other signs associated with alcohol: [________________________________]

12. Defendant Establishment's employees knew or should have known that Intoxicated Person was intoxicated at the time they continued to serve alcoholic beverages.

13. [If minor: Intoxicated Person was [____] years old, under the legal drinking age of twenty-one (21).]

14. After departing Defendant Establishment at approximately [____] [a.m./p.m.], Intoxicated Person [operated a motor vehicle / engaged in conduct] that caused injury to Plaintiff at or near [________________________________].

5. COUNT I — NEGLIGENT SERVICE (RSA 507-F:4)

15. Plaintiff incorporates by reference all preceding paragraphs.

16. Pursuant to RSA 507-F:4, a licensee is negligent if the licensee or its employee negligently serves an alcoholic beverage to a minor or to an intoxicated person, when the licensee or employee knew or should have known of the minor status or intoxication.

17. Defendant Establishment negligently served alcoholic beverages to Intoxicated Person at a time when Defendant Establishment's employees knew or should have known that Intoxicated Person was [intoxicated / a minor].

18. Defendant Establishment's negligent service was a proximate cause of Plaintiff's injuries.

6. COUNT II — RECKLESS SERVICE (RSA 507-F:5)

19. Plaintiff incorporates by reference all preceding paragraphs.

20. Pursuant to RSA 507-F:5, a licensee is reckless if the licensee or its employee recklessly serves alcohol in disregard of the rights of others, including:

☐ Actively encouraging intoxicated persons to consume substantial amounts of alcohol
☐ Serving alcohol to persons who are so visibly intoxicated that they pose a clear danger
☐ Serving alcohol after being warned that a patron is intoxicated
☐ Other reckless conduct: [________________________________]

21. Defendant Establishment's service was reckless in that: [________________________________].

22. Defendant Establishment's reckless service was a proximate cause of Plaintiff's injuries.

7. COUNT III — SOCIAL HOST LIABILITY (COMMON LAW)

23. Plaintiff incorporates by reference all preceding paragraphs.

24. Defendant [SOCIAL HOST NAME] is not a licensed seller of alcoholic beverages and served or made available alcoholic beverages at a social gathering on [__/__/____] at [________________________________].

25. Under the common law of New Hampshire, as established in Hickingbotham v. Burke, 140 N.H. 28 (1995), a social host who provides alcohol to a guest owes a duty of care to third parties.

26. Third-party victims may pursue negligence claims; the intoxicated guest may pursue recklessness claims only.

27. Defendant Social Host's conduct was a proximate cause of Plaintiff's injuries.

8. DAMAGES

28. 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) Punitive damages for the reckless conduct of Defendant [if reckless service count applies]

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

9. JURY DEMAND

29. 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) Punitive damages for reckless conduct;

(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.

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], New Hampshire [____]
Telephone: [________________________________]
Email: [________________________________]
New Hampshire Bar No. [________________________________]

Counsel for Plaintiff

12. NEW HAMPSHIRE-SPECIFIC PRACTICE NOTES

Exclusive Remedy Against Licensees:

• RSA 507-F is the exclusive remedy for alcohol-related claims against licensees (RSA 507-F:8)
• Common law claims against licensees are barred

Negligent vs. Reckless Service:

• Negligent service (RSA 507-F:4): Available to third-party victims; NOT available to the intoxicated person
• Reckless service (RSA 507-F:5): Available to both third parties and the intoxicated person

Social Host Liability — Common Law:

• Recognized under Hickingbotham v. Burke, 140 N.H. 28 (1995)
• Third parties: negligence standard
• Intoxicated guest: recklessness standard required

Intoxication Signs Limited:

• RSA 507-F:4(VII) limits the duty to recognize signs "normally associated with the consumption of alcoholic beverages"
• Unless the licensee has actual knowledge of drug involvement

Responsible Business Practices Defense:

• RSA 507-F provides affirmative defenses for responsible business practices

Comparative Fault:

• Modified comparative fault with 51% bar (RSA 507:7-d)
• Plaintiff's recovery is barred if fault exceeds the aggregate fault of defendant(s)

No Damage Caps:

• No statutory caps on dram shop damages

Statute of Limitations:

• 3 years from the act or omission (RSA 508:4)

No Pre-Suit Notice:

• No mandatory pre-suit notice requirement

Key Case Law:

• Hickingbotham v. Burke, 140 N.H. 28 (1995)
• Currier v. Newport Lodge No. 1236, Loyal Order of Moose, Opinion No. 2022 DNH 024P (2022)

This template is provided for informational purposes only and does not constitute legal advice. New Hampshire distinguishes between negligent and reckless service with different plaintiff eligibility rules. An attorney licensed in New Hampshire should review all filings before submission. Last updated: 2026-04-03.