Dram Shop Liability Complaint - Rhode Island

DRAM SHOP LIABILITY COMPLAINT — RHODE ISLAND

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Count I — Statutory Dram Shop Liability (R.I. Gen. Laws § 3-14-6)
6. Count II — Service to Minor (R.I. Gen. Laws §§ 3-14-6, 3-14-7)
7. Count III — Common Law Negligence
8. Damages
9. Jury Demand
10. Prayer for Relief
11. Verification
12. State-Specific Notes

CAPTION

STATE OF RHODE ISLAND
[SUPERIOR COURT / DISTRICT COURT]
[____________________] DIVISION

PARTIES

1. Plaintiff [PLAINTIFF NAME] is an individual residing at [ADDRESS], [CITY], Rhode Island [ZIP CODE].

2. Defendant [LICENSEE NAME] ("Licensee Defendant") is a [corporation/LLC/individual/partnership] holding a retail liquor license issued by [CITY/TOWN LICENSING AUTHORITY] and operating [ESTABLISHMENT NAME] located at [ADDRESS], [CITY], Rhode Island [ZIP CODE].

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

JURISDICTION AND VENUE

4. This Court has jurisdiction over this action pursuant to R.I. Gen. Laws § 8-2-14 [Superior Court] / § 8-8-3 [District Court].

5. The amount in controversy exceeds the jurisdictional threshold for the [Superior Court / District Court].

6. Venue is proper in the [____________________] Division because [the events occurred in this division / a Defendant resides or conducts business in this division].

FACTUAL ALLEGATIONS

7. At all relevant times, the Licensee Defendant held a valid liquor license authorizing the sale and service of alcoholic beverages at [ESTABLISHMENT NAME], [ADDRESS], [CITY], Rhode Island.

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, furnished alcoholic beverages to the Intoxicated Defendant.

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

    • ☐ Slurred speech
    • ☐ Unsteady gait or stumbling
    • ☐ Bloodshot or glassy eyes
    • ☐ Loud or belligerent behavior
    • ☐ Impaired motor coordination
    • ☐ Strong odor of alcohol
    • ☐ Difficulty communicating
    • ☐ Other: [________________________________]

11. The Licensee Defendant knew, or in the exercise of reasonable care should have known, that the Intoxicated Defendant was visibly intoxicated [or under the age of twenty-one] at the time of service.

12. Despite this knowledge, the Licensee Defendant and/or its employees continued to furnish alcoholic beverages to the Intoxicated Defendant.

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].

14. Plaintiff suffered severe personal injuries, property damage, and other damages.

COUNT I — STATUTORY DRAM SHOP LIABILITY

(R.I. Gen. Laws § 3-14-6)

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

16. Pursuant to R.I. Gen. Laws § 3-14-6, a licensee is liable for injuries caused by the negligent service of alcohol to a person who is visibly intoxicated.

17. The Licensee Defendant was negligent in furnishing alcoholic beverages to the Intoxicated Defendant when the Licensee Defendant knew or, in the exercise of reasonable care, should have known that the Intoxicated Defendant was visibly intoxicated.

18. The Licensee Defendant's negligent service was a proximate cause of the Intoxicated Defendant's continued intoxication, which was in turn a proximate cause of the injuries and damages suffered by the Plaintiff.

COUNT II — SERVICE TO MINOR

(R.I. Gen. Laws § 3-14-6(a); optional reckless service under § 3-14-7)

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

20. At all relevant times, the Intoxicated Defendant was under twenty-one (21) years of age.

21. The Licensee Defendant negligently served liquor to a minor, causing injury as alleged, under R.I. Gen. Laws § 3-14-6(a). [ONLY IF FACTS SUPPORT IT: The server intentionally served the minor knowing the minor's age and consciously disregarded an obvious and substantial risk of physical harm, constituting reckless service under § 3-14-7(c). State the supporting facts: ________.]

22. The Licensee Defendant's service to the underage Intoxicated Defendant was a proximate cause of Plaintiff's injuries and damages.

COUNT III — COMMON LAW NEGLIGENCE

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

24. Under Rhode Island common law, the Licensee Defendant owed a duty of care to the Plaintiff and the general public to refrain from serving alcoholic beverages to visibly intoxicated persons.

25. The Licensee Defendant breached this duty by continuing to serve the Intoxicated Defendant despite clear signs of visible intoxication.

26. The Licensee Defendant's breach 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;
• 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 reckless conduct is factually alleged under § 3-14-7(c)] Punitive damages under R.I. Gen. Laws § 3-14-8(b);
• h. [If applicable] Wrongful death damages pursuant to R.I. Gen. Laws § 10-7-1;
• i. 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. [ONLY IF COUNT I OR II ALLEGES AND FACTS SUPPORT RECKLESS SERVICE UNDER § 3-14-7(c):] Punitive damages under § 3-14-8(b);
• c. Pre-judgment and post-judgment interest as allowed by law;
• d. Costs of suit;
• e. Attorney's fees as permitted by law;
• f. Such other relief as the Court deems just and proper.

VERIFICATION

STATE OF RHODE ISLAND

I, [PLAINTIFF NAME], being duly sworn, depose and state that I have read the foregoing Complaint, and the facts stated 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
My Commission Expires: [__/__/____]

SUBMITTED BY:

[________________________________]
[ATTORNEY NAME], R.I. Bar No. [____________]
[FIRM NAME]
[ADDRESS]
[CITY], Rhode Island [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Attorney for Plaintiff

STATE-SPECIFIC NOTES

Rhode Island Dram Shop Law — Key Provisions

Statutory Authority: R.I. Gen. Laws ch. 3-14 (Rhode Island Liquor Liability Act)

Key Sections:

• § 3-14-6: Negligent service of liquor to minors or visibly intoxicated persons
• § 3-14-7: Reckless service of liquor to minors or visibly intoxicated persons
• § 3-14-8: Damages, including punitive damages for reckless conduct

Standard: Negligence — the licensee knew or in the exercise of reasonable care should have known the person was visibly intoxicated or underage.

Common Law Claims Preserved: The Liquor Liability Act does NOT limit common law causes of action or defenses. Both statutory and common law claims may be pursued.

Punitive Damages:

• NOT available for negligence-based claims.
• AVAILABLE when dram shop liability is predicated on reckless behavior (R.I. Gen. Laws § 3-14-8(b)).

Social Host Liability: The Liquor Liability Act applies to licensees. Social host liability in Rhode Island is more limited but may exist under common law in certain circumstances.

Comparative Fault: Rhode Island follows a pure comparative negligence system under R.I. Gen. Laws § 9-20-4.

Statute of Limitations: An action under the Liquor Liability Act alleging negligent or reckless conduct must be brought within three years after the claim accrues. R.I. Gen. Laws § 3-14-11.

Key Case Law:

• Willis v. Omar, 954 A.2d 126 (R.I. 2008) — Addressed scope of common law claims alongside statutory claims.

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 Rhode Island attorney before filing.