Dram Shop Liability Complaint

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. Count II — Negligence Per Se
7. Damages
8. Jury Demand
9. Prayer for Relief
10. Verification
11. 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.

6. Venue is proper in [____________________] County pursuant to Ohio Civ. R. 3(B) 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. The Permit Holder Defendant knew or should have known that the Intoxicated Defendant was noticeably intoxicated [or under twenty-one years of age] at the time of service.

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. Pursuant to O.R.C. § 4399.18, the Permit Holder Defendant is liable for personal injury, death, or property damage caused by the negligent actions of an intoxicated person when the Permit Holder Defendant knowingly sold an intoxicating beverage to a person who was noticeably intoxicated or to a person under the age of twenty-one.

17. 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].

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].

COUNT II — NEGLIGENCE PER SE

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

21. O.R.C. § 4301.22 prohibits the sale of intoxicating liquor to a person who is noticeably intoxicated. The Permit Holder Defendant violated this statute by serving the Intoxicated Defendant.

22. The class of persons O.R.C. § 4301.22 was designed to protect includes Plaintiff and those similarly situated.

23. The type of harm O.R.C. § 4301.22 was designed to prevent includes the type of harm suffered by Plaintiff.

24. The Permit Holder Defendant's violation of O.R.C. § 4301.22 constitutes negligence per se and was a proximate cause of Plaintiff's injuries.

DAMAGES

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

a. Past and future medical expenses in the amount of $[____________];
b. Past and future lost wages and earning capacity in the amount of $[____________];
c. Pain and suffering, both past and future;
d. Emotional distress and mental anguish;
e. Loss of enjoyment of life;
f. Property damage in the amount of $[____________];
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 that this Court enter judgment in Plaintiff's favor and against Defendants, jointly and severally, 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: When an intoxicated person injures another on the licensee's premises or controlled parking lot, the permit holder can be liable.
• 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.

No Social Host Liability: Ohio does not impose dram shop liability on social hosts. O.R.C. § 4399.18 applies only to liquor permit holders and their employees.

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) — Addressed "knowingly" standard for off-premises liability.

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.