DRAM SHOP LIABILITY COMPLAINT

State of New Mexico

TABLE OF CONTENTS

1. Caption
2. Jurisdiction and Venue
3. Parties
4. Factual Allegations
5. Count I — Statutory Dram Shop Liability (§ 41-11-1)
6. Count II — Service to a Minor
7. Count III — Social Host Recklessness
8. Damages
9. Jury Demand
10. Prayer for Relief
11. Verification
12. New Mexico-Specific Practice Notes

1. CAPTION

STATE OF NEW MEXICO
COUNTY OF [________________________________]
[____] JUDICIAL DISTRICT COURT

NO. [________________________________]

COMPLAINT FOR DAMAGES — LIQUOR LIABILITY ACT

2. JURISDICTION AND VENUE

1. This Court has jurisdiction over this matter pursuant to N.M. Const. Art. VI, § 13 and NMSA 1978, § 38-3-1.

2. Venue is proper in [________________________________] County pursuant to NMSA 1978, § 38-3-1 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 Mexico [____].

4. [If wrongful death: Plaintiff is the [personal representative / surviving spouse / child / parent] of [DECEDENT NAME] and brings this action pursuant to NMSA 1978, § 41-2-1.]

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 Mexico [____].

6. Defendant Establishment holds a New Mexico Regulation and Licensing Department Alcohol and Gaming Division License No. [________________________________].

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

4. FACTUAL ALLEGATIONS

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

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

10. At the time of continued service, Intoxicated Person's intoxication was reasonably apparent, exhibiting the following signs:

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

11. Defendant Establishment's employees knew that Intoxicated Person was intoxicated and that this intoxication was reasonably apparent.

12. [If minor: Intoxicated Person was [____] years old, under the legal drinking age. Defendant Establishment knew of the minor's age or failed to reasonably verify age.]

13. 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 — STATUTORY DRAM SHOP LIABILITY (NMSA 1978, § 41-11-1)

14. Plaintiff incorporates by reference all preceding paragraphs.

15. Pursuant to NMSA 1978, § 41-11-1, a licensee is liable for injuries caused by an intoxicated person when:

(a) The licensee served the person intoxicating liquor;
(b) The person's intoxication was reasonably apparent to the licensee; and
(c) The licensee knew that the person was intoxicated.

16. Defendant Establishment served intoxicating liquor to Intoxicated Person at a time when Intoxicated Person's intoxication was reasonably apparent and known to Defendant Establishment.

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

6. COUNT II — SERVICE TO A MINOR

18. Plaintiff incorporates by reference all preceding paragraphs.

19. Defendant Establishment served intoxicating liquor to Intoxicated Person, a minor, in violation of New Mexico law.

20. Defendant Establishment knew or should have known of Intoxicated Person's minor status.

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

7. COUNT III — SOCIAL HOST RECKLESSNESS

22. Plaintiff incorporates by reference all preceding paragraphs.

23. Defendant [SOCIAL HOST NAME] served intoxicating liquor to Intoxicated Person at a social gathering at [________________________________].

24. Defendant Social Host provided alcohol recklessly and in disregard of the rights and safety of others, in that: [________________________________].

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

8. DAMAGES

26. 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 companionship, comfort, and financial support]

9. JURY DEMAND

27. 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 subject to the statutory cap of $50,000 per person [$100,000 per occurrence if multiple persons];

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

(c) Costs of this action;

(d) 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 Mexico [____]
Telephone: [________________________________]
Email: [________________________________]
New Mexico Bar No. [________________________________]

Counsel for Plaintiff

12. NEW MEXICO-SPECIFIC PRACTICE NOTES

LOW DAMAGE CAPS — CRITICAL:
- $50,000 per person for bodily injury or death
- $100,000 per occurrence for two or more persons
- These caps are among the LOWEST in the nation for dram shop claims

Reasonably Apparent Intoxication:
- Licensee liability requires that intoxication was "reasonably apparent" AND the licensee "knew" of it
- This is a dual knowledge requirement

Exclusive Remedy:
- Statutory remedy is exclusive against licensees and social hosts
- Common law claims against non-licensees are preserved

Social Host Liability:
- Requires RECKLESS disregard — not mere negligence
- Gratuitous social service without recklessness is NOT liable

Intoxicated Person's Own Claims:
- Requires showing of GROSS NEGLIGENCE by the licensee

Comparative Fault:
- Pure comparative negligence applies
- Plaintiff's own intoxication may reduce but does not bar recovery

No Damage Caps on Non-Act Claims:
- If additional claims outside the Act are viable, they are not subject to the Act's caps

Statute of Limitations:
- 3 years for personal injury (NMSA 1978, § 37-1-8)

No Pre-Suit Notice:
- No mandatory pre-suit notice requirement

Key Case Law:
- Lopez v. Maez, 1982-NMSC-103, 98 N.M. 625, 651 P.2d 1269
- Mendoza v. Tamaya Enterprises, Inc., 2011-NMSC-030, 150 N.M. 258, 258 P.3d 1050

This template is provided for informational purposes only and does not constitute legal advice. New Mexico's damage caps are among the lowest in the nation. An attorney licensed in New Mexico should review all filings before submission. Last updated: 2026-04-03.