Dram Shop Liability Complaint - Vermont

DRAM SHOP LIABILITY COMPLAINT — VERMONT

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Count I — Statutory Dram Shop Liability (7 V.S.A. § 501)
6. Count II — Service to Minor (7 V.S.A. § 501)
7. Count III — Common Law Negligence
8. Damages
9. Jury Demand
10. Prayer for Relief
11. Verification
12. State-Specific Notes

CAPTION

STATE OF VERMONT
[____________________] COUNTY
SUPERIOR COURT, CIVIL DIVISION

PARTIES

1. Plaintiff [PLAINTIFF NAME] is an individual residing at [ADDRESS], [CITY], [COUNTY] County, Vermont [ZIP CODE], and is a .

2. Defendant [LICENSEE NAME] ("Licensee Defendant") is a [corporation/LLC/individual/partnership] holding a [first/third/fourth]-class liquor license issued by the Vermont Department of Liquor and Lottery, License No. [____________], operating [ESTABLISHMENT NAME] at [ADDRESS], [CITY], [COUNTY] County, Vermont [ZIP CODE].

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

JURISDICTION AND VENUE

4. This Court has jurisdiction pursuant to 4 V.S.A. § 31 and 12 V.S.A. § 5601.

5. Venue is proper in [____________________] County pursuant to 12 V.S.A. § 402 because [the cause of action arose in this county / a Defendant resides in this county].

FACTUAL ALLEGATIONS

6. At all relevant times, the Licensee Defendant held a valid liquor license issued by the Vermont Department of Liquor and Lottery authorizing the sale and service of alcoholic beverages at [ESTABLISHMENT NAME], [ADDRESS], [CITY], Vermont.

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

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

9. At the time of service, the Intoxicated Defendant was apparently under the influence of alcohol, exhibiting the following observable signs:
   - ☐ Slurred speech
   - ☐ Unsteady gait or stumbling
   - ☐ Bloodshot or glassy eyes
   - ☐ Loud, belligerent, or erratic behavior
   - ☐ Impaired motor coordination
   - ☐ Strong odor of alcohol
   - ☐ Difficulty communicating
   - ☐ Other: [________________________________]

10. The Licensee Defendant negligently furnished alcoholic beverages to the Intoxicated Defendant when the Intoxicated Defendant was apparently under the influence of alcohol, or when it would be reasonable to expect the Intoxicated Defendant would be under the influence given the amount of alcoholic beverages served.

11. On or about [DATE], at approximately [TIME], the Intoxicated Defendant, while intoxicated from the alcoholic beverages furnished by the Licensee Defendant, [describe injurious conduct].

12. Plaintiff was injured in [his/her] person, property, and/or means of support as a result.

COUNT I — STATUTORY DRAM SHOP LIABILITY

(7 V.S.A. § 501)

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

14. Under 7 V.S.A. § 501(a)(2) and (h)(2), an injured person may bring an action against a licensee that caused in whole or in part the intoxication of the intoxicated person by negligently furnishing alcoholic beverages to a person apparently under the influence of alcohol or to a person whom it would be reasonable to expect would be under the influence as a result of the amount the licensee served.

15. The Licensee Defendant caused, in whole or in part, the intoxication of the Intoxicated Defendant by negligently furnishing alcoholic beverages.

16. The Licensee Defendant's negligent furnishing of alcoholic beverages was a proximate cause of the injuries and damages suffered by Plaintiff.

COUNT II — SERVICE TO MINOR

(7 V.S.A. § 501)

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

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

19. Under 7 V.S.A. § 501(a)(1)(A), an injured person has a right of action against a licensee that caused in whole or in part the intoxication of the intoxicated person by selling or furnishing alcoholic beverages to a minor.

20. The Licensee Defendant sold or furnished alcoholic beverages to the Intoxicated Defendant, a minor, and this service was a proximate cause of Plaintiff's injuries and damages.

COUNT III — COMMON LAW NEGLIGENCE

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

22. The Licensee Defendant owed a duty of care to Plaintiff and the public to refrain from negligently furnishing alcoholic beverages to intoxicated persons.

23. The Licensee Defendant breached this duty by continuing to serve the Intoxicated Defendant when signs of intoxication were apparent.

24. The Licensee Defendant's negligence was a proximate cause of Plaintiff's injuries.

DAMAGES

25. As a direct and proximate 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;
e. Loss of enjoyment of life;
f. Loss of means of support in the amount of $[____________];
g. Property damage in the amount of $[____________];
h. [If applicable] Wrongful death damages pursuant to 14 V.S.A. § 1492;
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:

a. Compensatory damages in an amount to be determined at trial;
b. Pre-judgment and post-judgment interest;
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 VERMONT
COUNTY OF [____________________]

I, [PLAINTIFF NAME], being duly sworn, state that the foregoing Complaint is true and correct 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], VT Bar No. [____________]
[FIRM NAME]
[ADDRESS]
[CITY], Vermont [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Attorney for Plaintiff

STATE-SPECIFIC NOTES

Vermont Dram Shop Law — Key Provisions

Statutory Authority: 7 V.S.A. § 501

Who May Sue: Spouse, child, guardian, employer, or other person injured in person, property, or means of support by the intoxicated person.

Who May Be Liable:

• Licensees: Any holder of a first-, third-, or fourth-class license who negligently furnishes alcohol.
• Social Hosts (Minors Only): Section 501(g)(2) permits liability when a social host knowingly furnishes alcohol to a minor and knew, or a reasonable person in the same circumstances would have known, that the recipient was a minor.
• Social Hosts (Adults): The statute does NOT create a cause of action against social hosts for furnishing alcohol to adults without compensation, but common law negligence claims may still apply.

Standards for Licensee Liability:

1. Selling or furnishing to a minor under § 501(a)(1)(A); OR
2. Selling or furnishing to a person after legal serving hours under § 501(a)(1)(B); OR
3. Negligently furnishing to a person who is apparently under the influence under § 501(a)(2)(A); OR
4. Negligently furnishing to a person whom it would be reasonable to expect would be under the influence given the amount served under § 501(a)(2)(B).

Insurance Requirement: The Department of Liquor and Lottery requires licensees to carry liquor liability insurance meeting minimum coverage requirements.

Comparative negligence: For a negligence claim within 12 V.S.A. § 1036(a), Vermont uses a 51% bar: equality permits reduced recovery and recovery is barred only when the plaintiff's negligence is greater than the defendants' combined causal negligence. Do not assume § 1036 governs a statutory dram-shop claim without claim-specific authority.

Statute of Limitations: Two years from the date the cause of action accrues (7 V.S.A. § 501).

Key Case Law:

• Thompson v. Dewey South Royalton, Inc., 169 Vt. 408 (1999) — Addressed scope of licensee duty under § 501.

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 Vermont attorney before filing.