Dram Shop Liability Complaint - Oregon

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 [____________________]

COMPLAINT FOR DAMAGES (DRAM SHOP LIABILITY — ORS 471.565) — [SELECT ONE: SUBJECT TO MANDATORY ARBITRATION / CLAIM NOT SUBJECT TO MANDATORY ARBITRATION]

Amount in controversy: $[____________]

Filing-fee authority: ORS 21.160(1)([APPLICABLE SUBSECTION])

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 (Original), § 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. This action concerns damages caused off the Provider Defendant's premises. Plaintiff gave notice under ORS 471.565(3)-(7) on [DATE OF NOTICE]. For a personal-injury claim, that date was within 180 days after the injury or after Plaintiff discovered or reasonably should have discovered the existence of the statutory claim, whichever was later. Any excluded period under subsection (4), and the formal-notice, actual-notice, timely-action, or payment route under subsection (5), is identified here: [________________________________].

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. Under ORS 471.565(2), liability for damages caused by an intoxicated patron or guest requires clear and convincing proof both that the licensee, permittee, or social host served or provided alcoholic beverages while the patron or guest was visibly intoxicated and that Plaintiff did not substantially contribute to the intoxication in a manner listed in subsection (2)(b).

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. Plaintiff will prove the statutory elements stated in paragraph 17 by clear and convincing evidence and will prove that the intoxication and resulting conduct caused Plaintiff's injuries and damages.

COUNT II — NEGLIGENCE

21. Plaintiff re-alleges and incorporates by reference all preceding paragraphs. This alternative count does not avoid ORS 471.565(2) when it is based on serving alcoholic beverages; plead it only if current Oregon law and independently alleged conduct support it.

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 each Defendant for that Defendant's several share of damages, subject to ORS 31.610 and any claim-specific exception established by current law:

• a. Economic damages in the amount of $[ECONOMIC DAMAGES TOTAL];
• b. Noneconomic damages in the amount of $[NONECONOMIC DAMAGES TOTAL];
• 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 hereby declare that the above statement is true to the best of my knowledge and belief, and that I understand it is made for use as evidence in court and is subject to penalty for perjury.

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:

• The notice condition in ORS 471.565(3) applies to actions for damage caused off the provider's premises.
• Personal Injury: Notice runs from the later of injury or discovery/reasonable discovery of the statutory claim.
• Wrongful Death: Notice runs from the later of death or discovery/reasonable discovery of the statutory claim.
• Subsection (4) excludes listed periods, and subsection (5) recognizes formal notice, actual notice, a timely commenced action, or payment on the claim. Analyze the actual route before pleading compliance.

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

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: ORS 31.710 limits noneconomic damages in wrongful-death claims to $500,000; its current text does not impose that cap on an ordinary bodily-injury claim. Check the pleaded claim and any other applicable limits.

Key Case Law:

• Solberg v. Johnson, 306 Or. 484 (1988) — Social host liability under the statute.

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.