Dram Shop Liability Complaint - Ohio

DRAM SHOP LIABILITY COMPLAINT — OHIO

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Count I — Dram Shop Liability (O.R.C. § 4399.18)
6. Damages
7. Jury Demand
8. Prayer for Relief
9. Verification
10. State-Specific Notes

CAPTION

IN THE COURT OF COMMON PLEAS
[____________________] COUNTY, OHIO

PARTIES

1. Plaintiff [PLAINTIFF NAME] is an individual residing at [ADDRESS], [CITY], [COUNTY] County, Ohio [ZIP CODE].

2. Defendant [PERMIT HOLDER NAME] ("Permit Holder Defendant") is a [corporation/LLC/individual/partnership] holding liquor permit number [____________] issued by the Ohio Division of Liquor Control, operating [ESTABLISHMENT NAME] located at [ADDRESS], [CITY], [COUNTY] County, Ohio [ZIP CODE].

3. Defendant [INTOXICATED PERSON NAME] ("Intoxicated Defendant") is an individual residing at [ADDRESS], [CITY], [COUNTY] County, Ohio [ZIP CODE].

JURISDICTION AND VENUE

4. This Court has jurisdiction over this action pursuant to Ohio Const. art. IV, § 4(B) and O.R.C. § 2305.01.

5. The amount in controversy exceeds the jurisdictional minimum for the Court of Common Pleas.

5A. For purposes of Ohio Civ.R. 8(A), Plaintiff [seeks more than $25,000 / does not seek more than $25,000] in monetary relief.

6. Venue is proper in [____________________] County pursuant to Ohio Civ. R. 3(C) because [the events giving rise to this action occurred in this county / Defendant's place of business is located in this county].

FACTUAL ALLEGATIONS

7. At all relevant times, the Permit Holder Defendant held a valid liquor permit issued by the Ohio Division of Liquor Control authorizing the [sale/service] of alcoholic beverages at [ESTABLISHMENT NAME], located at [ADDRESS], [CITY], Ohio.

8. On or about [DATE], the Intoxicated Defendant was present at the Permit Holder Defendant's premises.

9. The Permit Holder Defendant, and/or its agents, servants, or employees, sold, served, or furnished alcoholic beverages to the Intoxicated Defendant.

10. At the time of service, the Intoxicated Defendant was noticeably intoxicated, exhibiting the following observable signs:

    • ☐ Slurred speech
    • ☐ Unsteady gait, stumbling, or swaying
    • ☐ Bloodshot or glassy eyes
    • ☐ Loud, aggressive, or erratic behavior
    • ☐ Inability to handle money or personal items
    • ☐ Strong odor of alcohol
    • ☐ Loss of coordination
    • ☐ Other: [________________________________]

11. Despite the Intoxicated Defendant's noticeable intoxication [or underage status], the Permit Holder Defendant and/or its employees continued to sell, serve, or furnish alcoholic beverages.

12. At the time of sale, the Permit Holder Defendant or its employee knew that the Intoxicated Defendant was noticeably intoxicated. Facts showing that knowledge include [IDENTIFY WHO OBSERVED WHICH SIGNS, WHEN, AND HOW THE SELLER RESPONDED].

13. On or about [DATE], at approximately [TIME], as a direct and proximate result of the Intoxicated Defendant's intoxication, the Intoxicated Defendant [describe injurious conduct, e.g., operated a motor vehicle and struck Plaintiff at/near ____________________].

14. Plaintiff suffered personal injuries, property damage, and other damages as described herein.

COUNT I — DRAM SHOP LIABILITY

(O.R.C. § 4399.18)

15. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

16. Plaintiff brings this claim against the Permit Holder Defendant under O.R.C. § 4399.18 for the injuries caused by the Intoxicated Defendant. For an off-premises injury, Plaintiff relies on the knowledge allegations below.

17. [For an off-premises injury:] The Permit Holder Defendant knowingly sold, served, or furnished alcoholic beverages to the Intoxicated Defendant while the Intoxicated Defendant was noticeably intoxicated [or under the age of twenty-one].

17A. [For an injury on the licensed premises or a controlled parking lot:] The Permit Holder Defendant or its employee negligently [DESCRIBE THE SPECIFIC ACT OR OMISSION], and that negligence proximately caused Plaintiff's injury. [Use only when supported by the facts.]

18. The Intoxicated Defendant's intoxication, caused in whole or in part by the Permit Holder Defendant's service, was a proximate cause of the injuries and damages suffered by the Plaintiff.

19. The injuries giving rise to this action occurred [on/off] the Permit Holder Defendant's licensed premises [or on a parking lot adjacent to and under the control of the Permit Holder Defendant].

DAMAGES

20. As a direct and proximate result of Defendants' conduct, Plaintiff has suffered:

• a. Past and future medical expenses;
• b. Past and future lost wages and earning capacity;
• c. Pain and suffering, both past and future;
• d. Emotional distress and mental anguish;
• e. Loss of enjoyment of life;
• f. Property damage;
• g. [If applicable] Wrongful death damages pursuant to O.R.C. § 2125.02;
• h. Such other damages as may be proven at trial.

JURY DEMAND

Plaintiff hereby demands a trial by jury on all issues so triable.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests judgment against Defendants as liability is allocated under Ohio Rev. Code § 2307.22, including joint and several liability for economic damages only if its greater-than-50% fault threshold is met, as follows:

• a. Compensatory damages in an amount to be determined at trial;
• b. Pre-judgment and post-judgment interest as allowed by law;
• c. Costs of suit;
• d. Attorney's fees as permitted by law;
• e. Such other and further relief as the Court deems just and proper.

VERIFICATION

STATE OF OHIO
COUNTY OF [____________________]

I, [PLAINTIFF NAME], being duly sworn, state that I have read the foregoing Complaint and that the statements of fact contained therein are true to the best of my knowledge, information, and belief.

[________________________________]
[PLAINTIFF NAME]

Subscribed and sworn to before me this [____] day of [____________], [______].

[________________________________]
Notary Public, State of Ohio
My Commission Expires: [__/__/____]

SUBMITTED BY:

[________________________________]
[ATTORNEY NAME] (Ohio Bar No. [____________])
[FIRM NAME]
[ADDRESS]
[CITY], Ohio [ZIP CODE]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]
Counsel for Plaintiff

STATE-SPECIFIC NOTES

Ohio Dram Shop Law — Key Provisions

Statutory Authority: O.R.C. § 4399.18 (exclusive statutory remedy)

Exclusive Remedy: O.R.C. § 4399.18 is the exclusive civil remedy against liquor permit holders for injuries caused by intoxicated patrons. Common law negligence claims for overservice are preempted.

On-Premises vs. Off-Premises Liability:

• On-Premises: Injury on the licensee's premises or controlled parking lot must be proximately caused by the permit holder's or its employee's negligence; identify that negligence in paragraph 17A.
• Off-Premises: Liability attaches only when the permit holder knowingly sold to a person who was noticeably intoxicated or under 21 years of age.

Property Owner Limitation: Building/premises owners who lease to permit holders are NOT liable unless the owner and the permit holder are the same person.

Social Hosts: O.R.C. § 4399.18 addresses permit holders and their employees. Separate negligence liability may arise when a social host unlawfully furnishes alcohol to a minor under R.C. 4301.69; Hoeflinger discusses this duty and limits recovery for self-inflicted injury by a voluntarily intoxicated underage adult. This permit-holder complaint does not plead a social-host claim.

Standard: "Noticeably intoxicated" — signs of intoxication must be externally apparent.

Statute of Limitations: Two years from the date of injury under O.R.C. § 2305.10.

Comparative Fault: Ohio follows a modified comparative negligence system (51% bar) under O.R.C. § 2315.33.

Key Case Law:

• Gressman v. McClain, 40 Ohio St.3d 359 (1988) — Defined scope of O.R.C. § 4399.18.
• Smith v. The 10th Inning, Inc., 49 Ohio St.3d 289 (1990) — Denied an intoxicated patron's claim against the permit holder for the patron's own off-premises injuries caused by that intoxication.

This template is provided for educational and informational purposes only. It does not constitute legal advice. Laws change frequently, and this template may not reflect the most current statutory provisions. Always verify citations and consult with a licensed Ohio attorney before filing.