Alcohol-Related Negligence Complaint - South Dakota

ALCOHOL-RELATED NEGLIGENCE COMPLAINT — SOUTH DAKOTA

Before you use this: SDCL §§ 35-4-78, 35-9-1, and 35-11-1 to -2 bar the usual licensee and social-host alcohol-service claims. Complete Count I only if a separate duty and injury-causing act can be identified and grounded. If there is no independent claim against the vendor, delete it from the caption and remove paragraphs 2, 6-9, and Count I. Omit any other count the facts do not support. Remove this note before filing.

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 / the cause of action arose] 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 eighteen years of age / other relevant circumstance], as shown by these facts:

   • ☐ 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 incorporates paragraphs 1-7 and 11. The alleged sale or service of alcohol in paragraphs 8-10 is not the basis for this count.

13. Separately from selling or serving alcohol, the Vendor Defendant [describe specific injury-causing conduct independent of alcohol service].

14. The Vendor Defendant owed Plaintiff a duty under [identify independently applicable legal basis] and breached it by [specific facts].

15. That independent breach was a proximate cause of Plaintiff's injuries because [explain causal facts].

COUNT II — NEGLIGENCE OF INTOXICATED DEFENDANT

(SDCL § 20-9-1)

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

17. The Intoxicated Defendant [DESCRIBE INJURY-CAUSING CONDUCT BEYOND CONSUMPTION OF ALCOHOL].

18. In that conduct, the Intoxicated Defendant failed to exercise ordinary care because [SPECIFIC FACTS]. SDCL § 20-9-1.

19. That failure directly and proximately caused Plaintiff's injuries, including [SPECIFY INJURIES].

20. Plaintiff seeks relief from this Defendant for the injury-causing conduct alleged in this count, separate from any claim based solely on the Vendor Defendant's alcohol service.

DAMAGES

21. As a result of Defendants' conduct, Plaintiff has suffered:

• Past and future medical expenses in the amount of $[____________];
• Past and future lost wages and earning capacity in the amount of $[____________];
• Pain and suffering;
• Property damage in the amount of $[____________];
• 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:

1. Compensatory damages in an amount to be determined at trial;
2. Pre-judgment and post-judgment interest as allowed by law;
3. Costs of suit as allowed by law;
4. 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