Dram Shop Liability Complaint

DRAM SHOP LIABILITY COMPLAINT — WASHINGTON

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Count I — Dram Shop Liability (RCW 66.44.200)
6. Count II — Negligence Per Se
7. Count III — Common Law Negligence
8. Damages
9. Jury Demand
10. Prayer for Relief
11. Verification
12. State-Specific Notes

CAPTION

IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF [____________________]

PARTIES

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

2. Defendant [LICENSEE NAME] ("Licensee Defendant") is a [corporation/LLC/individual/partnership] holding a liquor license issued by the Washington State Liquor and Cannabis Board (WSLCB), License No. [____________], operating [ESTABLISHMENT NAME] at [ADDRESS], [CITY], [COUNTY] County, Washington [ZIP CODE].

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

JURISDICTION AND VENUE

4. This Court has jurisdiction over this action pursuant to Wash. Const. art. IV, § 6 and RCW 2.08.010.

5. Venue is proper in [____________________] County pursuant to RCW 4.12.020 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 WSLCB authorizing the sale and service of alcoholic beverages at [ESTABLISHMENT NAME], [ADDRESS], [CITY], Washington.

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 and/or served alcoholic beverages to the Intoxicated Defendant.

9. At the time of sale/service, the Intoxicated Defendant was apparently under the influence of liquor, as evidenced by:
   - ☐ Slurred speech
   - ☐ Unsteady gait, stumbling, or difficulty walking
   - ☐ Bloodshot, glassy, or unfocused eyes
   - ☐ Loud, aggressive, or belligerent behavior
   - ☐ Loss of motor coordination
   - ☐ Strong odor of alcohol
   - ☐ Difficulty handling money, personal effects, or objects
   - ☐ Impaired judgment or disorientation
   - ☐ Other: [________________________________]

10. Despite the Intoxicated Defendant being apparently under the influence of liquor, the Licensee Defendant and/or its employees continued to sell and serve alcoholic beverages.

11. The Licensee Defendant's employees [had / had not] completed mandatory alcohol server training (MAST) as required by RCW 66.20.320.

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

13. Plaintiff suffered severe personal injuries and damages.

COUNT I — DRAM SHOP LIABILITY

(RCW 66.44.200)

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

15. RCW 66.44.200 makes it unlawful for any person to sell any liquor to any person apparently under the influence of liquor.

16. The Licensee Defendant sold and/or served alcoholic beverages to the Intoxicated Defendant at a time when the Intoxicated Defendant was apparently under the influence of liquor, in violation of RCW 66.44.200.

17. The violation of RCW 66.44.200 constitutes actionable negligence giving rise to civil liability.

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

COUNT II — NEGLIGENCE PER SE

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

20. RCW 66.44.200 was enacted to protect the public, including persons like the Plaintiff, from harm caused by intoxicated persons.

21. The Licensee Defendant violated RCW 66.44.200 by selling alcoholic beverages to the Intoxicated Defendant while the Intoxicated Defendant was apparently under the influence of liquor.

22. The harm suffered by Plaintiff is the type of harm the statute was designed to prevent.

23. The Licensee Defendant's statutory violation constitutes negligence per se and was a proximate cause of Plaintiff's injuries.

COUNT III — COMMON LAW NEGLIGENCE

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

25. The Licensee Defendant owed a duty of care to the Plaintiff and the public to refrain from selling or serving alcoholic beverages to persons who were apparently under the influence of liquor.

26. The Licensee Defendant breached this duty by:
    a. Serving alcoholic beverages to a person who was apparently under the influence;
    b. Failing to comply with MAST training requirements under RCW 66.20.320;
    c. Failing to implement policies to prevent overservice;
    d. Failing to monitor patrons' intoxication levels;
    e. Failing to refuse service when signs of intoxication were apparent;
    f. Failing to take reasonable steps to prevent the Intoxicated Defendant from driving.

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

DAMAGES

28. 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 and mental anguish;
e. Loss of enjoyment of life;
f. Loss of consortium [if applicable];
g. Property damage in the amount of $[____________];
h. [If applicable] Wrongful death damages pursuant to RCW 4.20.010;
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, jointly and severally:

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

VERIFICATION

I, [PLAINTIFF NAME], declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct.

Signed at [CITY], Washington, on [__/__/____].

[________________________________]
[PLAINTIFF NAME]

SUBMITTED BY:

[________________________________]
[ATTORNEY NAME], WSBA No. [____________]
[FIRM NAME]
[ADDRESS]
[CITY], Washington [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Attorney for Plaintiff

STATE-SPECIFIC NOTES

Washington Dram Shop Law — Key Provisions

Statutory Framework: Washington does not have a standalone "Dram Shop Act." Civil liability arises from RCW 66.44.200 (criminal statute prohibiting sales to intoxicated persons) combined with common law negligence principles.

Standard: "Apparently under the influence of liquor" — broader than "obviously intoxicated." The question is whether a reasonable server would have recognized the patron's intoxication.

Mandatory Alcohol Server Training (MAST): RCW 66.20.320 requires alcohol servers to complete a certified alcohol education program. Failure to comply may be evidence of negligence.

Social Host Liability: Washington courts have been reluctant to extend dram shop liability to social hosts, though specific circumstances (especially involving minors) may create exceptions.

Comparative Fault: Washington follows a pure comparative negligence system under RCW 4.22.005. A plaintiff's recovery is reduced by their percentage of fault but not barred regardless of the percentage.

Statute of Limitations: Three years from the date of injury under RCW 4.16.080.

Key Case Law:

• Halligan v. Pupo, 150 Wash.2d 481 (2003) — Discussed standard for "apparently under the influence."
• Barrett v. Lucky Seven Saloon, Inc., 152 Wash.2d 259 (2004) — Addressed proximate cause and foreseeability in dram shop context.
• Young v. Caravan Corp., 99 Wash.2d 655 (1983) — Established civil liability arising from RCW 66.44.200.

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 Washington attorney before filing.