Dram Shop Liability Complaint - Pennsylvania

NOTICE TO DEFEND

You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. If you fail to do so, the case may proceed without you and judgment may be entered without further notice for money or other relief requested in the complaint. You may lose money, property, or other important rights.

YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.

If you cannot afford to hire a lawyer, this office may be able to provide information about agencies offering legal services to eligible persons at a reduced fee or no fee.

County-designated lawyer-referral or legal-services office: [________________________________]

Address: [________________________________]

Telephone: [________________________________]

DRAM SHOP LIABILITY COMPLAINT — PENNSYLVANIA

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Count I — Dram Shop Liability (47 P.S. § 4-497)
6. Count II — Violation of 47 P.S. § 4-493
7. Count III — Negligence
8. Damages
9. Jury Demand
10. Prayer for Relief
11. Verification
12. State-Specific Notes

CAPTION

IN THE COURT OF COMMON PLEAS OF [____________________] COUNTY
PENNSYLVANIA
CIVIL DIVISION

PARTIES

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

2. Defendant [LICENSEE NAME] ("Licensee Defendant") is a [corporation/LLC/individual/partnership] holding Liquor License No. [____________] issued by the Pennsylvania Liquor Control Board (PLCB), operating [ESTABLISHMENT NAME] located at [ADDRESS], [CITY], [COUNTY] County, Pennsylvania [ZIP CODE].

3. Defendant [INDIVIDUAL OWNER NAME] ("Owner Defendant") is an individual who, at all relevant times, owned, operated, managed, and/or controlled the Licensee Defendant and is liable for the acts and omissions of the Licensee Defendant's agents, servants, and employees.

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

JURISDICTION AND VENUE

5. This Court has subject matter jurisdiction pursuant to 42 Pa. C.S.A. § 931.

6. Venue is proper in [____________________] County pursuant to Pa. R.C.P. 1006 because [the cause of action arose in this county / a Defendant regularly conducts business in this county / Defendant's principal place of business is in this county].

FACTUAL ALLEGATIONS

7. At all relevant times, the Licensee Defendant held a valid liquor license issued by the Pennsylvania Liquor Control Board authorizing the sale and service of alcoholic beverages at [ESTABLISHMENT NAME], [ADDRESS], [CITY], Pennsylvania.

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

9. The Licensee Defendant, through its agents, servants, or employees, sold, furnished, or gave alcoholic beverages to the Intoxicated Defendant.

10. At the time of service, the Intoxicated Defendant was visibly intoxicated, exhibiting the following externally apparent signs of intoxication:

    • ☐ Slurred speech
    • ☐ Unsteady gait, stumbling, or difficulty walking
    • ☐ Bloodshot, watery, or glassy eyes
    • ☐ Loud, boisterous, or belligerent behavior
    • ☐ Inability to pick up change or handle objects
    • ☐ Strong odor of alcohol
    • ☐ Falling asleep at the bar or table
    • ☐ Other: [________________________________]

11. Despite the Intoxicated Defendant's visible intoxication, the Licensee Defendant and/or its agents, servants, or employees continued to sell, furnish, or give alcoholic beverages to the Intoxicated Defendant.

12. On or about [DATE], at approximately [TIME], after leaving the Licensee Defendant's premises, the Intoxicated Defendant [describe injurious conduct, e.g., operated a motor vehicle and caused a collision at ____________________].

13. As a direct and proximate result of the Intoxicated Defendant's intoxication, Plaintiff suffered severe personal injuries, property damage, and other damages.

COUNT I — DRAM SHOP LIABILITY

(47 P.S. § 4-497)

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

15. Pursuant to 47 P.S. § 4-497, a licensee is liable to third persons for damages inflicted upon them off the licensee's premises by customers of the licensee when the customer who inflicts the damages was sold, furnished, or given liquor or malt or brewed beverages while that customer was visibly intoxicated.

16. The Licensee Defendant, through its agents, servants, or employees, sold, furnished, or gave alcoholic beverages to the Intoxicated Defendant while the Intoxicated Defendant was visibly intoxicated.

17. The Intoxicated Defendant subsequently left the Licensee Defendant's premises and, while still under the influence of the alcoholic beverages served by the Licensee Defendant, inflicted damages upon the Plaintiff off the Licensee Defendant's premises.

18. The Licensee Defendant's service of alcohol to the visibly intoxicated Intoxicated Defendant was a proximate cause of the Plaintiff's injuries and damages.

COUNT II — VIOLATION OF SERVICE PROHIBITIONS

(47 P.S. § 4-493)

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

20. 47 P.S. § 4-493(1) provides that it is unlawful for any licensee to sell, furnish, or give any liquor or malt or brewed beverages to any person visibly intoxicated, or to any minor, or to habitual drunkards, or persons of known intemperate habits.

21. The Licensee Defendant violated 47 P.S. § 4-493(1) by selling, furnishing, or giving alcoholic beverages to the Intoxicated Defendant while the Intoxicated Defendant was visibly intoxicated [or was under twenty-one years of age].

22. The Licensee Defendant's statutory violation was a proximate cause of Plaintiff's injuries and damages.

COUNT III — NEGLIGENCE

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

24. The Licensee Defendant owed a duty of care to the Plaintiff and the general public not to sell, furnish, or give alcoholic beverages to visibly intoxicated persons.

25. The Licensee Defendant breached this duty by:

    • a. Serving alcoholic beverages to a visibly intoxicated patron;
    • b. Failing to properly train employees to recognize visible intoxication;
    • c. Failing to monitor the consumption and intoxication level of patrons;
    • d. Failing to refuse service to a visibly intoxicated patron;
    • e. Failing to take steps to prevent the visibly intoxicated patron from operating a motor vehicle.

26. The Licensee Defendant's negligence was a proximate cause of Plaintiff's injuries and damages.

DAMAGES

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

• a. Past and future medical expenses, excluding amounts paid or payable under benefit arrangements to which 75 Pa.C.S. § 1722 applies if the injury arose from motor vehicle use;
• b. Past and future lost wages and loss of earning capacity;
• c. Pain and suffering, both past and future;
• d. Emotional distress and mental anguish;
• e. Loss of enjoyment of life;
• f. Loss of consortium [if applicable];
• g. Property damage;
• h. Punitive damages for reckless or outrageous conduct;
• i. [If applicable] Wrongful death damages pursuant to 42 Pa. C.S.A. § 8301;
• j. 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 allocated share, and joint and several liability where 42 Pa.C.S. § 7102(a.1)(3)(v) or another statutory exception applies:

[SELECT ONE: The amount claimed exceeds / does not exceed the compulsory-arbitration limit in the filing county.]

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

VERIFICATION

I, [PLAINTIFF NAME], verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities.

Date: [__/__/____]

[________________________________]
[PLAINTIFF NAME]

SUBMITTED BY:

[________________________________]
[ATTORNEY NAME], Pa. I.D. No. [____________]
[FIRM NAME]
[ADDRESS]
[CITY], Pennsylvania [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Attorney for Plaintiff

Certification of Compliance with Case Records Public Access Policy

I certify that this filing complies with the Case Records Public Access Policy of the Unified Judicial System of Pennsylvania, including its provisions for confidential information and documents.

Date: [__/__/____]

Signature: [________________________________]

Printed name: [ATTORNEY OR UNREPRESENTED FILER]

STATE-SPECIFIC NOTES

Pennsylvania Dram Shop Law — Key Provisions

Statutory Authority: 47 P.S. § 4-497 (Liquor Code)

Nature of § 4-497: This is a limiting provision — it shields licensees from liability EXCEPT in specified circumstances. It does not create an affirmative cause of action but rather defines when the common law duty applies to licensees.

Key Standard: "Visibly intoxicated" — requires externally apparent signs of intoxication observable to a reasonable person. A high blood alcohol concentration alone is NOT sufficient.

Service Prohibitions: 47 P.S. § 4-493 prohibits selling or furnishing alcohol to:

• Visibly intoxicated persons
• Minors (under 21)
• Habitual drunkards
• Persons of known intemperate habits

Social Host Liability: Limited. Pennsylvania courts have held that social hosts may be liable for serving alcohol to minors, but generally NOT for serving visibly intoxicated adults.

Comparative Negligence: Pennsylvania follows a modified comparative negligence system (51% bar) under 42 Pa. C.S.A. § 7102.

Punitive Damages: Available in dram shop cases upon proof of reckless indifference or outrageous conduct.

Statute of Limitations: Section 5524 supplies a two-year period for covered personal-injury and tort actions but does not itself select the accrual date. Determine accrual, discovery, tolling, and claim-specific rules under current controlling authority and the facts.

Key Case Law:

• Congini v. Portersville Valve Co., 504 Pa. 157 (1983) — Social host liability for serving minors.
• Matthews v. Konieczny, 527 A.2d 508 (Pa. 1987) — Defined "visible intoxication" standard.
• Marcano v. Federbusch, 2009 PA Super 208 — Addressed evidence requirements for visible intoxication.

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 Pennsylvania attorney before filing.