Dram Shop Liability Complaint - Tennessee

DRAM SHOP LIABILITY COMPLAINT — TENNESSEE

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Count I — Dram Shop Liability (T.C.A. § 57-10-102)
6. Count II — Negligence Per Se
7. Damages
8. Jury Demand
9. Prayer for Relief
10. Verification
11. State-Specific Notes

CAPTION

IN THE CIRCUIT COURT FOR [____________________] COUNTY, TENNESSEE
AT [CITY]
[____________________] JUDICIAL DISTRICT

PARTIES

1. Plaintiff [PLAINTIFF NAME] is an adult resident of [COUNTY] County, Tennessee, residing at [ADDRESS], [CITY], Tennessee [ZIP CODE].

2. Defendant [SELLER NAME] ("Seller Defendant") is a [corporation/LLC/individual/partnership] holding a license or permit for the sale of alcoholic beverages or beer issued by the Tennessee Alcoholic Beverage Commission (TABC), License/Permit No. [____________], operating [ESTABLISHMENT NAME] located at [ADDRESS], [CITY], [COUNTY] County, Tennessee [ZIP CODE].

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

JURISDICTION AND VENUE

4. This Court has jurisdiction over this action pursuant to Tenn. Code Ann. § 16-10-101.

5. Venue is proper in [____________________] County pursuant to Tenn. Code Ann. § 20-4-101 because [the cause of action arose in this county / a Defendant resides in this county].

FACTUAL ALLEGATIONS

6. At all relevant times, the Seller Defendant held a valid license or permit for the sale of alcoholic beverages and/or beer at [ESTABLISHMENT NAME], [ADDRESS], [CITY], Tennessee.

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

8. The Seller Defendant, through its agents, servants, or employees, sold alcoholic beverages and/or beer to the Intoxicated Defendant.

9. At the time of sale, the Intoxicated Defendant was visibly intoxicated, as evidenced by the following observable signs:

   • ☐ Slurred speech
   • ☐ Unsteady gait, stumbling, or inability to walk without assistance
   • ☐ Bloodshot, watery, or glassy eyes
   • ☐ Loud, belligerent, or disoriented behavior
   • ☐ Inability to perform basic motor tasks
   • ☐ Strong odor of alcohol
   • ☐ Unconsciousness or near-unconsciousness
   • ☐ Other: [________________________________]

10. Despite the Intoxicated Defendant's visible intoxication [or known minor status], the Seller Defendant continued to sell alcoholic beverages and/or beer.

11. On or about [DATE], at approximately [TIME], as a direct result of the consumption of the alcoholic beverages so sold by the Seller Defendant, the Intoxicated Defendant [describe injurious conduct, e.g., operated a motor vehicle and caused a collision].

12. The Intoxicated Defendant's injurious conduct was the direct result of the consumption of the alcoholic beverages sold by the Seller Defendant.

13. Plaintiff suffered severe personal injuries [or death resulted] as described herein.

COUNT I — DRAM SHOP LIABILITY

(T.C.A. § 57-10-102)

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

15. While T.C.A. § 57-10-101 generally provides that the consumption of alcoholic beverages rather than the furnishing thereof is the proximate cause of injuries, T.C.A. § 57-10-102 creates an exception under specific circumstances.

16. Pursuant to T.C.A. § 57-10-102, a person who sells alcoholic beverages or beer is liable for damages when:

• ☐ (a) Sale to Known Minor: The seller sold alcoholic beverages or beer to a person known to be under the age of twenty-one (21), and such person caused personal injury or death as the direct result of the consumption of the alcoholic beverages or beer so sold; OR

• ☐ (b) Sale to Visibly Intoxicated Person: The seller sold alcoholic beverages or beer to a visibly intoxicated person, and such person caused personal injury or death as the direct result of the consumption of the alcoholic beverages or beer so sold.

17. The Seller Defendant sold alcoholic beverages and/or beer to the Intoxicated Defendant when the Intoxicated Defendant was [known to be under twenty-one years of age / visibly intoxicated].

18. The Intoxicated Defendant caused [personal injury / death] to the Plaintiff as the direct result of the consumption of the alcoholic beverages and/or beer sold by the Seller Defendant.

19. The sale of alcoholic beverages by the Seller Defendant was the proximate cause of Plaintiff's [personal injury / death], which can be proven beyond a reasonable doubt.

COUNT II — NEGLIGENCE PER SE

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

21. Tennessee law prohibits the sale of alcoholic beverages to visibly intoxicated persons and to persons under twenty-one years of age.

22. The Seller Defendant violated these statutory prohibitions, which constitutes negligence per se.

23. The Seller Defendant's violation was a proximate cause of the injuries and damages suffered by Plaintiff.

DAMAGES

24. As a direct 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 death resulted] Wrongful death damages pursuant to T.C.A. § 20-5-106;
• h. Such other damages as may be proven at trial.

JURY DEMAND

Plaintiff hereby demands a trial by jury of twelve (12) persons on all issues so triable.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests judgment against each Defendant for that Defendant's allocated share of fault under Tenn. Code Ann. § 29-11-107, subject to applicable statutory exceptions and vicarious liability:

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

VERIFICATION

STATE OF TENNESSEE
COUNTY OF [____________________]

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], BPR No. [____________]
[FIRM NAME]
[ADDRESS]
[CITY], Tennessee [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Attorney for Plaintiff

STATE-SPECIFIC NOTES

Tennessee Dram Shop Law — Key Provisions

Statutory Framework:

• T.C.A. § 57-10-101: General rule — consumption, not furnishing, is the proximate cause of injuries.
• T.C.A. § 57-10-102: Exception — liability for sale to known minors or visibly intoxicated persons.

CRITICAL: Beyond a Reasonable Doubt Standard
Tennessee is unique in requiring proof beyond a reasonable doubt — the criminal standard of proof — for dram shop claims. A jury of twelve (12) must first ascertain beyond a reasonable doubt that:

1. The sale was the proximate cause of the personal injury or death; AND
2. The seller either (a) sold to a person known to be under 21, or (b) sold to a visibly intoxicated person.

Two Grounds for Liability:

1. Sale to Known Minor: Must prove the seller knew the person was under 21.
2. Sale to Visibly Intoxicated Person: Must prove visible intoxication at the time of sale.

Direct Result Requirement: The injury must be the "direct result" of the consumption of the specific alcohol sold by the defendant — not intoxication generally.

No Social Host Liability: Tennessee's dram shop statute applies only to sellers of alcoholic beverages and beer. Social hosts are not liable.

Comparative Fault: Tennessee follows a modified comparative fault system (barred if 50% or more at fault) under McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992) (common-law rule; not codified).

Statute of Limitations: T.C.A. § 28-3-104(a)(1) generally gives a listed injury-to-the-person action one year after accrual. Determine the supported accrual date and every exception before selecting the deadline.

Key Case Law:

• Lindsey v. Miami Dev. Corp., 689 S.W.2d 856 (Tenn. 1985) — Discussed beyond a reasonable doubt requirement.
• Worley v. Weigels, Inc., 919 S.W.2d 589 (Tenn. 1996) — Addressed "visibly intoxicated" standard.

This template is provided for educational and informational purposes only. It does not constitute legal advice. Tennessee's dram shop law imposes the most demanding standard of proof in the nation. Always verify current law and consult with a licensed Tennessee attorney before filing.