Dram Shop Liability Complaint - Washington

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 — Statutory Breach as Evidence of Negligence
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 who sold or served alcohol at its on-premises licensed facility [held / did not hold] the class 12 or 13 permits required by RCW 66.20.310. Their training and permit facts are: [________________________________]. RCW 66.20.320 governs the required education program.

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. Under RCW 5.40.050, the alleged violation of RCW 66.44.200 may be considered as evidence of negligence. Plaintiff also alleges that the Licensee Defendant owed a duty, breached that duty by selling liquor when the Intoxicated Defendant was apparently under the influence, and thereby proximately caused Plaintiff's injuries.

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

COUNT II — STATUTORY BREACH AS EVIDENCE OF NEGLIGENCE

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. Under RCW 5.40.050, the Licensee Defendant's alleged statutory breach is evidence of negligence. Its conduct 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. If supported by the facts, allowing a server to sell or serve alcohol without the permit required by RCW 66.20.310;
    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;
b. Past and future lost wages and earning capacity;
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;
h. Such other damages as may be proven at trial.

This complaint seeks damages for Plaintiff's own injury. If the injured person died, a wrongful death action under RCW 4.20.010 must be filed by the decedent's personal representative for the statutory beneficiaries.

JURY DEMAND

Plaintiff hereby demands a trial by jury on all issues so triable. Serve and file this written demand and pay the jury fee when demanded under CR 38(b): $125 for six jurors or $250 for 12 jurors under RCW 36.18.016(3)(a).

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests judgment against the Defendants in the shares or manner of liability permitted by RCW 4.22.070:

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.

Statutory wording: RCW 66.44.200(1) prohibits selling liquor to a person "apparently under the influence of liquor." Plead the observable signs at the time of sale or service and the facts linking that sale to the alleged injury; do not substitute a different shorthand for the statutory words.

Mandatory Alcohol Server Training (MAST): RCW 66.20.310 requires covered servers at on-premises licensed facilities to hold class 12 or 13 permits, subject to its stated exemptions; RCW 66.20.320 governs the education program and permit issuance after completion. A proven statutory violation may be evidence of negligence under RCW 5.40.050.

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 generally reduces recovery by the plaintiff's percentage of fault under RCW 4.22.005. RCW 5.40.060(1) provides a complete defense if the injured person was under the influence of alcohol or drugs, that condition proximately caused the injury or death, and the person was more than 50% at fault, subject to the exception in subsection (2).

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

Key Case Law:

• 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.