Dram Shop Liability Complaint

DRAM SHOP LIABILITY COMPLAINT — OREGON

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Notice Compliance
5. Factual Allegations
6. Count I — Dram Shop Liability (ORS § 471.565)
7. Count II — Negligence
8. Damages
9. Jury Demand
10. Prayer for Relief
11. Verification
12. State-Specific Notes

CAPTION

IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF [____________________]

PARTIES

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

2. Defendant [LICENSEE/HOST NAME] ("Provider Defendant") is a [corporation/LLC/individual/partnership] that, at all relevant times, [held a liquor license issued by the Oregon Liquor and Cannabis Commission (OLCC), License No. [____________] / was a social host who served or provided alcoholic beverages], operating at [ADDRESS], [CITY], [COUNTY] County, Oregon [ZIP CODE].

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

JURISDICTION AND VENUE

4. This Court has jurisdiction over this action pursuant to Oregon Constitution, Art. VII (Amended), § 9 and ORS § 14.010.

5. Venue is proper in [____________________] County pursuant to ORS § 14.080 because [the cause of action arose in this county / one or more Defendants reside in this county].

NOTICE COMPLIANCE

6. Pursuant to ORS § 471.565(4), Plaintiff provided written notice of this claim to the Provider Defendant on or about [DATE OF NOTICE], which was within one hundred eighty (180) days of the date of the incident giving rise to this claim.

7. A true and correct copy of said notice is attached hereto as Exhibit [____].

FACTUAL ALLEGATIONS

8. At all relevant times, the Provider Defendant [held a valid OLCC license authorizing the sale and service of alcoholic beverages / hosted a gathering at which alcoholic beverages were provided] at [LOCATION], [CITY], Oregon.

9. On or about [DATE], the Intoxicated Defendant was present at the Provider Defendant's [licensed premises / residence / event location].

10. The Provider Defendant, and/or its agents, servants, or employees, served or provided alcoholic beverages to the Intoxicated Defendant.

11. At the time of service, the Intoxicated Defendant was visibly intoxicated, as evidenced by the following observable signs:
    - ☐ Slurred speech
    - ☐ Unsteady gait, stumbling, or loss of balance
    - ☐ Bloodshot, glassy, or unfocused eyes
    - ☐ Loud, belligerent, or erratic behavior
    - ☐ Impaired motor coordination
    - ☐ Strong odor of alcohol
    - ☐ Difficulty communicating or comprehending
    - ☐ Other: [________________________________]

12. Despite the Intoxicated Defendant's visible intoxication, the Provider Defendant continued to serve or provide alcoholic beverages.

13. Plaintiff did not substantially contribute to the intoxication of the Intoxicated Defendant by providing, encouraging, or facilitating the consumption of alcoholic beverages.

14. 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].

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

COUNT I — DRAM SHOP LIABILITY

(ORS § 471.565)

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

17. Pursuant to ORS § 471.565, a licensee, permittee, or social host is liable for damages caused by an intoxicated patron or guest when the provider served or provided alcoholic beverages to the patron or guest while the patron or guest was visibly intoxicated.

18. The Provider Defendant served or provided alcoholic beverages to the Intoxicated Defendant while the Intoxicated Defendant was visibly intoxicated.

19. The Plaintiff did not substantially contribute to the intoxication of the Intoxicated Defendant.

20. By clear and convincing evidence, the Provider Defendant's service of alcoholic beverages to a visibly intoxicated person was a proximate cause of the injuries and damages suffered by the Plaintiff.

COUNT II — NEGLIGENCE

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

22. The Provider Defendant owed a duty of care to the Plaintiff and the public not to serve alcoholic beverages to visibly intoxicated persons.

23. The Provider Defendant breached this duty by:
    a. Serving alcoholic beverages to the Intoxicated Defendant while visibly intoxicated;
    b. Failing to monitor the level of intoxication of patrons/guests;
    c. Failing to cut off service when signs of visible intoxication were apparent;
    d. Failing to take reasonable measures to prevent the Intoxicated Defendant from driving or otherwise endangering the public.

24. The Provider Defendant's negligence was a proximate cause of the injuries suffered by the Plaintiff.

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 ORS § 30.020;
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 the Defendants, jointly and severally:

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

VERIFICATION

STATE OF OREGON
COUNTY OF [____________________]

I, [PLAINTIFF NAME], declare under penalty of perjury under the laws of the State of Oregon that the foregoing is true and correct to the best of my knowledge, information, and belief.

Dated: [__/__/____]

[________________________________]
[PLAINTIFF NAME]

SUBMITTED BY:

[________________________________]
[ATTORNEY NAME], OSB No. [____________]
[FIRM NAME]
[ADDRESS]
[CITY], Oregon [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Attorney for Plaintiff

STATE-SPECIFIC NOTES

Oregon Dram Shop Law — Key Provisions

Statutory Authority: ORS § 471.565

Standard of Proof: CLEAR AND CONVINCING evidence — this is higher than the typical preponderance of the evidence standard and must be specifically addressed in trial preparation.

Mandatory Notice Requirement:

• Personal Injury: Written notice must be given to the provider within 180 days of the incident.
• Wrongful Death: Written notice must be given within 1 year of the death.
• Failure to provide timely notice bars the claim.

Elements of the Claim:

1. The provider served or provided alcoholic beverages to the patron/guest;
2. The patron/guest was visibly intoxicated at the time of service;
3. The plaintiff did NOT substantially contribute to the patron's intoxication; and
4. The service was a proximate cause of the plaintiff's injuries.

Applies to Both:

• Licensed establishments (OLCC licensees and permittees)
• Social hosts

Constitutional Limitation: The Oregon Supreme Court has held that ORS 471.565(1) is partially unconstitutional as applied to extreme intoxication cases where the patron has lost the sense of reason and volition.

Comparative Fault: Oregon follows a modified comparative fault system under ORS § 31.600 (plaintiff barred if 51% or more at fault).

Statute of Limitations: Two years from date of injury under ORS § 12.110, BUT the 180-day notice requirement is the critical deadline.

Non-Economic Damages: Oregon has statutory caps on non-economic damages that may apply.

Key Case Law:

• Solberg v. Johnson, 306 Or. 484 (1988) — Social host liability under the statute.
• Wickham v. Bosclair, 2024 Or. LEXIS — Addressed constitutionality of ORS 471.565.

This template is provided for educational and informational purposes only. It does not constitute legal advice. Laws change frequently. Always verify citations and consult with a licensed Oregon attorney before filing.