Dram Shop Liability Complaint - New Jersey

Before filing: Complete the separate New Jersey Civil Case Information Statement (Civil CIS) and submit it with this initial Law Division complaint. Complete the form's required case, party, and attorney information and signature.

DRAM SHOP LIABILITY COMPLAINT

State of New Jersey

TABLE OF CONTENTS

1. Caption
2. Jurisdiction and Venue
3. Parties
4. Factual Allegations
5. Count I — Licensed Server Liability (N.J.S.A. 2A:22A)
6. Count II — Social Host Liability (N.J.S.A. 2A:15-5.5)
7. Count III — Service to a Minor
8. Damages
9. Jury Demand
10. Prayer for Relief
11. Verification and Certification
12. New Jersey-Specific Practice Notes

1. CAPTION

SUPERIOR COURT OF NEW JERSEY
LAW DIVISION — [________________________________] COUNTY

DOCKET NO. [________________________________]

CIVIL ACTION

COMPLAINT AND JURY DEMAND

2. JURISDICTION AND VENUE

1. This Court has jurisdiction over this matter pursuant to N.J. Const. Art. VI, § 3, ¶ 2 and N.J.S.A. 2A:2-1.

2. Venue is proper in [________________________________] County pursuant to R. 4:3-2 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 Jersey [____].

4. [If wrongful death: Plaintiff is the [administrator ad prosequendum / personal representative] of the Estate of [DECEDENT NAME], appointed by the [________________________________] County Surrogate on [__/__/____], and brings this action pursuant to N.J.S.A. 2A:31-1 et seq.]

Defendants:

5. 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 Jersey [____].

6. Defendant Establishment holds a New Jersey Division of Alcoholic Beverage Control License No. [________________________________], of the [plenary retail consumption / plenary retail distribution / other] class.

7. [If social host defendant: Defendant [SOCIAL HOST NAME] (hereinafter "Social Host Defendant") is an individual residing at [________________________________], New Jersey [____].]

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

4. FACTUAL ALLEGATIONS

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

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

11. At the time of continued service, Intoxicated Person was visibly intoxicated, exhibiting the following signs:

☐ Slurred speech
☐ Unsteady gait or stumbling
☐ Glassy, bloodshot, or watery eyes
☐ Aggressive or belligerent behavior
☐ Difficulty with coordination or motor control
☐ Drowsiness or loss of alertness
☐ Odor of alcohol
☐ Other: [________________________________]

12. [If licensed server claim:] Defendant Establishment's employees served alcohol to Intoxicated Person with knowledge or reason to know that Intoxicated Person was visibly intoxicated, as defined by N.J.S.A. 2A:22A-3.

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

14. After departing [the establishment / the social gathering] at approximately [____] [a.m./p.m.], Intoxicated Person operated a motor vehicle on [________________________________].

15. At approximately [____] [a.m./p.m.], Intoxicated Person caused a [motor vehicle collision / other incident] at or near [________________________________], injuring Plaintiff.

16. [If social host claim:] Following the incident, Intoxicated Person's blood alcohol concentration was determined to be [____]%.

5. COUNT I — LICENSED SERVER LIABILITY (N.J.S.A. 2A:22A)

17. Plaintiff incorporates by reference all preceding paragraphs.

18. N.J.S.A. 2A:22A-4 makes the Licensed Alcoholic Beverage Server Fair Liability Act the exclusive civil remedy for injuries from a licensee's negligent service. Under N.J.S.A. 2A:22A-5, a plaintiff may recover against a licensed server only if:

(a) The server served a visibly intoxicated person, or served a minor when the server knew or reasonably should have known the person was a minor; and
(b) The negligent service proximately caused the injury or damage; and
(c) The injury or damage was a foreseeable consequence of the negligent service.

19. Defendant Establishment served alcoholic beverages to Intoxicated Person while Intoxicated Person was visibly intoxicated, with knowledge or reason to know of the visible intoxication.

20. Defendant Establishment's service was a proximate cause of the incident that injured Plaintiff.

21. If Defendant Establishment is determined to be a joint tortfeasor, N.J.S.A. 2A:22A-6(b) limits its responsibility to no more than its percentage share of fault, notwithstanding the general joint-liability rule in N.J.S.A. 2A:15-5.3.

6. COUNT II — SOCIAL HOST LIABILITY (N.J.S.A. 2A:15-5.5)

22. Plaintiff incorporates by reference all preceding paragraphs.

23. Under N.J.S.A. 2A:15-5.6(b), an adult-guest social-host claim requires:

(a) The host willfully and knowingly provided alcohol to a person of legal drinking age who was visibly intoxicated in the host's presence, or did so under circumstances showing reckless disregard for another's life or property;
(b) The service created an unreasonable risk of foreseeable harm to another's life or property, which the host failed to avoid through reasonable care and diligence; and
(c) The injury arose from an accident caused by that person's negligent operation of a vehicle.

24. Social Host Defendant provided alcoholic beverages to Intoxicated Person at [________________________________].

25. Intoxicated Person was visibly intoxicated [IN SOCIAL HOST DEFENDANT'S PRESENCE / UNDER CIRCUMSTANCES SHOWING RECKLESS DISREGARD] as shown by [OBSERVABLE FACTS]. Social Host Defendant willfully and knowingly served that person despite the foreseeable risk to others and failed to use reasonable care to avoid that risk.

26. If a blood-alcohol test is available, Intoxicated Person's measured concentration was [____]% at [TIME], and the facts supporting visible intoxication at the time of service are [FACTS].

27. Intoxicated Person's intoxicated operation of a motor vehicle proximately caused Plaintiff's injuries.

7. COUNT III — SERVICE TO A MINOR

28. Plaintiff incorporates by reference all preceding paragraphs.

29. Defendant [Establishment / Social Host] served alcoholic beverages to Intoxicated Person, who was under the legal drinking age of twenty-one (21).

30. If Defendant is a licensed establishment, service to a minor is governed by N.J.S.A. 2A:22A-5(b), and the Act is the exclusive civil remedy under § 2A:22A-4. If Defendant is a social host, the common-law claim for serving an underage guest arises under Linn v. Rand, 140 N.J. Super. 212 (App. Div. 1976), as discussed in Estate of Narleski v. Gomes, 244 N.J. 199 (2020).

31. The service to a minor was a proximate cause of Plaintiff's injuries.

8. DAMAGES

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

(a) Medical expenses — past and future

(b) Lost wages and earning capacity

(c) Pain and suffering — past and future

(d) Mental anguish and emotional distress

(e) Loss of consortium [if applicable]

(f) Property damage

(g) Punitive damages — ordinarily subject to the N.J.S.A. 2A:15-5.14(b) cap of five times compensatory damages or $350,000, whichever is greater, subject to subsection (c) exceptions

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

9. JURY DEMAND

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

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) Allocation of fault and, if applicable, the several-liability limit under N.J.S.A. 2A:22A-6(b);

(c) Punitive damages within statutory limits;

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

(e) Costs of suit and reasonable attorney's fees where permitted;

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

11. VERIFICATION AND CERTIFICATION

Certification in Lieu of Oath Pursuant to R. 1:4-4(b):

I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.

Rule 4:5-1(b)(2) certification: I certify that this matter [IS NOT / IS] the subject of another pending court action or arbitration, and that another action or arbitration [IS NOT / IS] contemplated. Details of any such matter, including court or forum, parties, docket number, and status: [NONE / DETAILS]. I know of [NO OTHER PERSON / THE FOLLOWING PERSONS] who should be joined: [NONE / NAMES AND REASONS]. I will file and serve an amended certification if these facts change.

Confidential identifiers — R. 4:5-1(b)(3) and R. 1:38-7: I certify that confidential personal identifiers have been redacted from documents now submitted to the court and will be redacted from all documents submitted in the future in accordance with R. 1:38-7(b). Complete the corresponding certification on the Civil CIS filed with this complaint.

________________________________________
[PLAINTIFF NAME]

Date: [__/__/____]

Respectfully submitted,

________________________________________
[ATTORNEY NAME], Esq.
[FIRM NAME]
[ADDRESS]
[CITY], New Jersey [____]
Telephone: [________________________________]
Email: [________________________________]
New Jersey Bar No. [________________________________]

Attorney for Plaintiff

12. NEW JERSEY-SPECIFIC PRACTICE NOTES

Dual Statutory Framework:

• Licensed Server Act (N.J.S.A. 2A:22A): Exclusive remedy against licensees for negligent service
• Social Host Liability Act (N.J.S.A. 2A:15-5.5): Applies to social hosts; limited to motor vehicle accidents

Several Liability:

• Under N.J.S.A. 2A:22A-6(b), a licensed server found to be a joint tortfeasor is responsible for no more than its percentage of fault; the section expressly overrides the general joint-liability rule in N.J.S.A. 2A:15-5.3.

Visible Intoxication:

• Statutory definition under N.J.S.A. 2A:22A-3

BAC Presumptions (Social Host Act):

• A test below 0.10% creates an irrebuttable presumption that the guest was not visibly intoxicated in the social host's presence and that the host did not act with the statutory reckless disregard.
• A test of at least 0.10% but less than 0.15% creates a rebuttable presumption against visible intoxication in the host's presence and against statutory reckless disregard.
• Section 2A:15-5.6(c) supplies no favorable presumption at 0.15% or higher; prove the statutory elements through admissible evidence.

No Liability to Adult Consumer:

• Social Host Act does not create liability to the intoxicated adult consumer

Service to Minors:

• A claim against a licensed server for negligent service to a minor proceeds under N.J.S.A. 2A:22A-5(b); § 2A:22A-4 makes the Act the exclusive civil remedy.
• Common-law claims against social hosts who serve underage guests trace to Linn v. Rand, 140 N.J. Super. 212 (App. Div. 1976), as discussed in Estate of Narleski v. Gomes, 244 N.J. 199 (2020). Kelly v. Gwinnell, 96 N.J. 538 (1984), addressed an adult social guest.

Comparative Fault:

• Modified comparative negligence with 51% bar

Punitive Damages:

• Ordinarily capped at five times compensatory damages or $350,000, whichever is greater, with subsection (c) exceptions (N.J.S.A. 2A:15-5.14)

Statute of Limitations:

• 2 years for personal injury (N.J.S.A. 2A:14-2)

No Pre-Suit Notice:

• No mandatory pre-suit notice requirement

Key Case Law:

• Rappaport v. Nichols, 31 N.J. 188 (1959)
• Linn v. Rand, 140 N.J. Super. 212 (App. Div. 1976)
• Kelly v. Gwinnell, 96 N.J. 538 (1984)
• Estate of Narleski v. Gomes, 244 N.J. 199 (2020)

This template is provided for informational purposes only and does not constitute legal advice. New Jersey has separate statutory frameworks for licensed servers and social hosts. An attorney licensed in New Jersey should review all filings before submission. Last updated: 2026-10-11.