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. Pursuant to N.J.S.A. 2A:22A-4, a licensed alcoholic beverage server is liable for injuries caused by an intoxicated person if:

(a) The server served the person while the person was visibly intoxicated; and
(b) The server knew or reasonably should have known the person was visibly intoxicated; and
(c) The service was a proximate cause of the injury.

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. Pursuant to N.J.S.A. 2A:22A-5, Defendant Establishment's liability is several, not joint.

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

22. Plaintiff incorporates by reference all preceding paragraphs.

23. Pursuant to N.J.S.A. 2A:15-5.6, a social host who provides alcoholic beverages to a guest is liable for injuries caused by the guest's negligent operation of a motor vehicle if:

(a) The host provided alcohol to the guest;
(b) The guest was visibly intoxicated at the host's premises; and
(c) The guest's intoxication contributed to the motor vehicle accident that caused the injuries.

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

25. Intoxicated Person was visibly intoxicated at Social Host Defendant's premises.

26. Intoxicated Person's blood alcohol concentration of [____]% [creates a rebuttable presumption of intoxication at the time of service / exceeds the threshold under N.J.S.A. 2A:15-5.6].

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. Under New Jersey common law, as established in Rappaport v. Nichols, 31 N.J. 188 (1959), providers of alcohol owe a duty of care when serving minors.

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 — 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 — subject to N.J.S.A. 2A:15-5.14 cap of 5x compensatory damages or $350,000, whichever is greater

(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) Several liability allocated against Defendant Establishment under N.J.S.A. 2A:22A-5;

(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 Pursuant to R. 1:4-8:

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

________________________________________
[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:
- Licensed servers are SEVERALLY liable, not jointly (N.J.S.A. 2A:22A-5)

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

BAC Presumptions (Social Host Act):
- BAC ≥ 0.10%: Rebuttable presumption of intoxication at time of service
- BAC < 0.10%: Rebuttable presumption of non-intoxication

No Liability to Adult Consumer:
- Social Host Act does not create liability to the intoxicated adult consumer

Service to Minors:
- Governed by common law (Rappaport v. Nichols, 31 N.J. 188 (1959))
- Social host liability for minors recognized under Kelly v. Gwinnell, 96 N.J. 538 (1984)

Comparative Fault:
- Modified comparative negligence with 51% bar

Punitive Damages:
- Capped at 5x compensatory damages or $350,000, whichever is greater (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)
- Kelly v. Gwinnell, 96 N.J. 538 (1984)

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: 2026-04-03.