Dram Shop Liability Complaint

DRAM SHOP LIABILITY COMPLAINT — TEXAS

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Count I — Dram Shop Liability (Tex. Alc. Bev. Code § 2.02)
6. Count II — Adult Providing Alcohol to Minor (Tex. Alc. Bev. Code § 2.02(c))
7. Count III — Negligence of Intoxicated Defendant
8. Damages
9. Jury Demand
10. Prayer for Relief
11. Verification
12. State-Specific Notes

CAPTION

IN THE DISTRICT COURT OF [____________________] COUNTY, TEXAS
[____________] JUDICIAL DISTRICT

PARTIES

Discovery Control Plan

1. Plaintiff intends that discovery be conducted under Level [2/3] of Rule 190 of the Texas Rules of Civil Procedure.

Parties

2. Plaintiff [PLAINTIFF NAME] is an individual residing in [COUNTY] County, Texas. Plaintiff may be served at [ADDRESS], [CITY], Texas [ZIP CODE].

3. Defendant [PROVIDER NAME] ("Provider Defendant") is a [corporation/LLC/individual/partnership] authorized to do business in Texas, holding TABC Permit No. [____________], and operating [ESTABLISHMENT NAME] located at [ADDRESS], [CITY], [COUNTY] County, Texas [ZIP CODE]. Defendant may be served with process by serving its registered agent, [REGISTERED AGENT NAME], at [AGENT ADDRESS].

4. Defendant [INTOXICATED PERSON NAME] ("Intoxicated Defendant") is an individual who may be served at [ADDRESS], [CITY], [COUNTY] County, Texas [ZIP CODE].

JURISDICTION AND VENUE

5. This Court has subject matter jurisdiction because the amount in controversy exceeds the minimum jurisdictional limits of this Court. Tex. Gov't Code § 24.007.

6. Venue is proper in [____________________] County pursuant to Tex. Civ. Prac. & Rem. Code § 15.002 because [all or a substantial part of the events giving rise to the claim occurred in this county / Defendant's principal office is in this county].

FACTUAL ALLEGATIONS

7. At all relevant times, the Provider Defendant was in the business of selling, serving, and providing alcoholic beverages at [ESTABLISHMENT NAME], located at [ADDRESS], [CITY], Texas, pursuant to TABC Permit No. [____________].

8. On or about [DATE], the Intoxicated Defendant was present at the Provider Defendant's premises and was served alcoholic beverages by the Provider Defendant and/or its agents, servants, or employees.

9. The Provider Defendant and/or its employees served or provided alcoholic beverages to the Intoxicated Defendant at a time when it was apparent to the provider that the Intoxicated Defendant was obviously intoxicated to the extent that the Intoxicated Defendant presented a clear danger to himself/herself and others.

10. The obvious intoxication was apparent from the following observable signs:
    - ☐ Slurred speech
    - ☐ Unsteady gait, stumbling, or falling
    - ☐ Bloodshot, watery, or glassy eyes
    - ☐ Loud, belligerent, or aggressive behavior
    - ☐ Inability to handle objects, money, or personal effects
    - ☐ Strong odor of alcohol
    - ☐ Loss of motor coordination
    - ☐ Incoherent or confused speech
    - ☐ Passing out or falling asleep
    - ☐ Other: [________________________________]

11. Despite the Intoxicated Defendant's obvious intoxication and the clear danger presented, the Provider Defendant continued to serve or provide alcoholic beverages.

12. On or about [DATE], at approximately [TIME], while still under the influence of the alcoholic beverages provided by the Provider Defendant, the Intoxicated Defendant [describe injurious conduct, e.g., operated a motor vehicle and caused a collision at/near ____________________].

13. As a direct and proximate result, Plaintiff suffered severe personal injuries.

COUNT I — DRAM SHOP LIABILITY

(Tex. Alc. Bev. Code § 2.02(b))

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

15. Pursuant to Tex. Alc. Bev. Code § 2.02(b), a provider of alcoholic beverages is liable for damages proximately caused by the intoxication of a recipient of those beverages if:

(1) At the time the provision occurred, it was apparent to the provider that the individual being sold, served, or provided with an alcoholic beverage was obviously intoxicated to the extent that he presented a clear danger to himself and others; and

(2) The intoxication of the recipient of the alcoholic beverage was a proximate cause of the damages suffered.

16. At the time of service, it was apparent to the Provider Defendant that the Intoxicated Defendant was obviously intoxicated to the extent that the Intoxicated Defendant presented a clear danger to himself/herself and others.

17. The intoxication of the Intoxicated Defendant, caused in whole or in part by the alcoholic beverages provided by the Provider Defendant, was a proximate cause of the damages suffered by the Plaintiff.

COUNT II — ADULT PROVIDING ALCOHOL TO MINOR

(Tex. Alc. Bev. Code § 2.02(c))

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

19. At all relevant times, the Intoxicated Defendant was a minor under eighteen (18) years of age. Defendant [ADULT PROVIDER NAME] was at least twenty-one (21) years old and was not the minor's parent, guardian, spouse, or court-appointed custodian.

20. Defendant [ADULT PROVIDER NAME] knowingly [served or provided alcoholic beverages that contributed to the minor's intoxication / allowed those beverages to be served or provided on premises owned or leased by that defendant].

21. The minor's intoxication proximately caused Plaintiff's damages.

22. Defendant [ADULT PROVIDER NAME] is liable under Tex. Alc. Bev. Code § 2.02(c).

COUNT III — NEGLIGENCE OF INTOXICATED DEFENDANT

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

24. Tex. Alc. Bev. Code § 2.02(a) preserves common-law claims against an individual whose consumption of alcohol allegedly caused personal injury or property damage. The Intoxicated Defendant owed Plaintiff a duty to exercise ordinary care in [operating a motor vehicle / describe conduct].

25. The Intoxicated Defendant breached that duty by [________________________________].

26. The Intoxicated Defendant's negligence proximately caused Plaintiff's injuries and damages.

DAMAGES

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

a. Past medical expenses in the amount of $[____________];
b. Future medical expenses in the amount of $[____________];
c. Past lost wages in the amount of $[____________];
d. Future lost earning capacity in the amount of $[____________];
e. Past physical pain and mental anguish;
f. Future physical pain and mental anguish;
g. Past physical impairment;
h. Future physical impairment;
i. Past disfigurement;
j. Future disfigurement;
k. Property damage in the amount of $[____________];
l. Loss of consortium [if applicable];
m. Exemplary damages for gross negligence;
n. [If death resulted] Wrongful death damages pursuant to Tex. Civ. Prac. & Rem. Code ch. 71;
o. Such other damages as may be proven at trial.

JURY DEMAND

Plaintiff hereby demands a trial by jury on all issues.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment against Defendants, jointly and severally:

a. Actual/compensatory damages in an amount to be determined by the jury;
b. Exemplary (punitive) damages in an amount sufficient to punish and deter;
c. Pre-judgment and post-judgment interest;
d. Costs of court;
e. Such other relief, at law or in equity, as the Court deems just and proper.

VERIFICATION

STATE OF TEXAS
COUNTY OF [____________________]

BEFORE ME, the undersigned authority, on this day personally appeared [PLAINTIFF NAME], who, being by me duly sworn, on oath stated that the facts set forth in the foregoing Petition are true and correct to the best of [his/her] knowledge, information, and belief.

[________________________________]
[PLAINTIFF NAME]

SUBSCRIBED AND SWORN TO BEFORE ME on this [____] day of [____________], [______].

[________________________________]
Notary Public, State of Texas
My Commission Expires: [__/__/____]

SUBMITTED BY:

[________________________________]
[ATTORNEY NAME], State Bar No. [____________]
[FIRM NAME]
[ADDRESS]
[CITY], Texas [ZIP CODE]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]
Attorney for Plaintiff

STATE-SPECIFIC NOTES

Texas Dram Shop Act — Key Provisions

Statutory Authority: Tex. Alc. Bev. Code ch. 2 (The Dram Shop Act)

Standard of Liability (§ 2.02(b)):
The plaintiff must prove:

1. At the time of service, it was apparent to the provider that the individual was obviously intoxicated to the extent that he presented a clear danger to himself and others; AND
2. The intoxication was a proximate cause of the damages.

Employee-Action Nonattribution (§ 106.14(a)):
An employee's actions are not attributable to the employer if:

1. The employer requires its employees to attend a TABC-approved seller training program;
2. The employee actually attended that program; AND
3. The employer did not directly or indirectly encourage the employee to violate the law.

Exclusive Provider Remedy (§ 2.03): Chapter 2 supplies the exclusive cause of action for a provider's furnishing of alcohol to a person eighteen (18) or older and does not impose provider duties beyond those expressly stated in the chapter.

Applies To: Persons in the business of selling, serving, or providing alcoholic beverages — licensees, permittees, and their employees.

Social Host Liability: Generally NOT liable under the Dram Shop Act. Limited exception: An adult who is not the parent/guardian and who knowingly provides alcohol to a minor may be liable under Tex. Alc. Bev. Code § 2.02(c).

Statute of Limitations: Two years from the date of injury under Tex. Civ. Prac. & Rem. Code § 16.003.

Comparative Fault: Texas follows a modified comparative responsibility system (51% bar) under Tex. Civ. Prac. & Rem. Code ch. 33.

Exemplary Damages: Available for gross negligence under Tex. Civ. Prac. & Rem. Code § 41.003, subject to statutory caps.

Key Case Law:

• F.F.P. Operating Partners, L.P. v. Duenez, 237 S.W.3d 680 (Tex. 2007) — Defined "obviously intoxicated" and "clear danger."
• Smith v. Sewell, 858 S.W.2d 350 (Tex. 1993) — Addressed safe harbor defense requirements.

Official Statutory Sources:

• Texas Alcoholic Beverage Code Chapter 2
• Texas Alcoholic Beverage Code Chapter 106

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 Texas attorney before filing.