Dram Shop Liability Complaint - South Dakota

DRAM SHOP LIABILITY COMPLAINT — SOUTH DAKOTA

TABLE OF CONTENTS

1. Critical Jurisdictional Warning
2. Caption
3. Parties
4. Jurisdiction and Venue
5. Factual Allegations
6. Count I — Negligence (Limited Theory)
7. Count II — Service to Minor
8. Damages
9. Jury Demand
10. Prayer for Relief
11. State-Specific Notes

CRITICAL JURISDICTIONAL WARNING

SOUTH DAKOTA DOES NOT RECOGNIZE TRADITIONAL DRAM SHOP CIVIL LIABILITY.

Under South Dakota law:

• SDCL § 35-4-78 — While it is a Class 1 misdemeanor for a licensee to sell or serve alcohol to an obviously intoxicated person, the statute expressly provides that no licensee is civilly liable for injuries caused by the intoxication of a person due to the sale or consumption of alcohol.

• SDCL § 35-11-1 — The legislature has declared that the consumption of alcohol, rather than the serving or furnishing of alcohol, is the proximate cause of injuries inflicted upon another by an intoxicated person.

• SDCL § 35-11-2 — A social host who furnishes alcohol is not civilly liable for injuries caused by the intoxicated person.

Practitioners should carefully evaluate whether any viable claim exists before filing. The limited theories outlined below are alternative approaches that may or may not be successful depending on the specific facts.

CAPTION

IN THE CIRCUIT COURT
[____________________] JUDICIAL CIRCUIT
[____________________] COUNTY, SOUTH DAKOTA

PARTIES

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

2. Defendant [ESTABLISHMENT NAME] ("Vendor Defendant") is a [corporation/LLC/individual/partnership] holding an on-sale or off-sale license issued by the State of South Dakota, operating at [ADDRESS], [CITY], [COUNTY] County, South Dakota [ZIP CODE].

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

JURISDICTION AND VENUE

4. This Court has jurisdiction over this action pursuant to SDCL § 16-6-9.

5. Venue is proper in [____________________] County pursuant to SDCL § 15-5-8 [because the damages were inflicted or the cause of action arose in this county] and/or SDCL § 15-5-6 [because a Defendant resides in this county].

FACTUAL ALLEGATIONS

6. At all relevant times, the Vendor Defendant held a valid license to sell alcoholic beverages at [ESTABLISHMENT NAME], [ADDRESS], [CITY], South Dakota.

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

8. The Vendor Defendant, through its agents, servants, or employees, sold or served alcoholic beverages to the Intoxicated Defendant.

9. At the time of service, the Intoxicated Defendant was [obviously intoxicated / under twenty-one years of age], exhibiting the following signs:
   - ☐ Slurred speech
   - ☐ Unsteady gait or stumbling
   - ☐ Bloodshot or glassy eyes
   - ☐ Loss of motor coordination
   - ☐ Strong odor of alcohol
   - ☐ Other: [________________________________]

10. On or about [DATE], at approximately [TIME], as a result of the Intoxicated Defendant's intoxication, the Intoxicated Defendant [describe injurious conduct].

11. Plaintiff suffered personal injuries and damages.

COUNT I — NEGLIGENCE (LIMITED THEORY)

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

13. The Vendor Defendant owed a duty of care to Plaintiff based upon [specify the particular duty — e.g., premises liability duty to invitees on the premises / duty arising from affirmative conduct beyond mere service].

14. The Vendor Defendant breached this duty by [specify the breach — e.g., failing to maintain safe premises / engaging in affirmative conduct that increased the risk of harm beyond mere service of alcohol].

15. The Vendor Defendant's breach was a proximate cause of Plaintiff's injuries.

COUNT II — SERVICE TO MINOR

(SDCL § 35-9-1)

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

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

18. SDCL § 35-9-1 prohibits the sale of alcoholic beverages to any person under twenty-one years of age.

19. The Vendor Defendant, through its agents, servants, or employees, sold or served alcoholic beverages to the Intoxicated Defendant in violation of SDCL § 35-9-1.

20. The Vendor Defendant's violation of this statute constitutes negligence per se, and such violation was a proximate cause of Plaintiff's injuries and damages.

DAMAGES

21. As a 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;
d. Property damage in the amount of $[____________];
e. 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:

a. Compensatory damages in an amount to be determined at trial;
b. Pre-judgment and post-judgment interest;
c. Costs of suit;
d. Such other relief as the Court deems just and proper.

SUBMITTED BY:

[________________________________]
[ATTORNEY NAME], SD Bar No. [____________]
[FIRM NAME]
[ADDRESS]
[CITY], South Dakota [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Attorney for Plaintiff

STATE-SPECIFIC NOTES

South Dakota — NO Traditional Dram Shop Civil Liability

SOUTH DAKOTA HAS REJECTED DRAM SHOP CIVIL LIABILITY BY STATUTE.

Key Statutes:

• SDCL § 35-4-78: Makes it a Class 1 misdemeanor to serve an obviously intoxicated person, BUT expressly provides that no licensee is civilly liable for resulting injuries.
• SDCL § 35-11-1: Declares that consumption, not furnishing, of alcohol is the proximate cause of injuries inflicted by an intoxicated person.
• SDCL § 35-11-2: Social hosts who furnish alcohol are not civilly liable for injuries caused by intoxicated guests.

Limited Alternative Theories:

1. Service to Minors: Serving alcohol to a person under 21 in violation of SDCL § 35-9-1 may provide a negligence per se theory that overcomes the statutory immunity.
2. Premises Liability: On-premises injuries may be actionable under standard premises liability theories (duty to invitees).
3. Affirmative Conduct: If the vendor engaged in conduct beyond mere service (e.g., forcing consumption, placing an intoxicated person in a vehicle), a negligence claim may survive.

Statute of Limitations: Three years from the date of injury under SDCL § 15-2-14.

Comparative Fault: South Dakota follows a modified comparative negligence system (slight/gross comparison) under SDCL § 20-9-2.

Practical Considerations:

• Claims against alcohol vendors for injuries caused by intoxicated adults face near-certain dismissal under current law.
• The most viable claims involve service to minors.
• Consult closely with a licensed South Dakota attorney before filing.

This template is provided for educational and informational purposes only. It does not constitute legal advice. South Dakota has statutorily rejected traditional dram shop civil liability. Always verify current law and consult with a licensed South Dakota attorney before filing any claim.