Dram Shop Liability Complaint - Wisconsin

DRAM SHOP LIABILITY COMPLAINT — WISCONSIN

CAPTION

STATE OF WISCONSIN — CIRCUIT COURT — [COUNTY] COUNTY

PARTIES

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

2. Defendant [PROVIDER NAME] ("Provider Defendant") is a [corporation/LLC/individual/partnership] [holding a license issued by the municipality of [____________________] to sell alcoholic beverages / a social host] operating at [ADDRESS], [CITY], [COUNTY] County, Wisconsin [ZIP CODE].

3. [RECIPIENT NAME] ("Recipient") is the person to whom Provider Defendant furnished the alcohol. [IF RECIPIENT IS ALSO NAMED AS A DEFENDANT, STATE THE RECIPIENT'S ADDRESS AND THE FACTUAL BASIS FOR THE CLAIM AGAINST THAT PERSON.]

JURISDICTION AND VENUE

4. This Court has subject-matter jurisdiction because [STATE THE BASIS]. Wis. Stat. § 801.04(1). Upon proper service, the Court may exercise personal jurisdiction over Provider Defendant under Wis. Stat. §§ 801.04(2) and 801.05([SUBSECTION]) because [PLEAD THE SPECIFIC JURISDICTIONAL FACTS]. [STATE THE SEPARATE BASIS FOR EACH ADDITIONAL DEFENDANT.]

5. Venue is proper in [COUNTY] County under Wis. Stat. § 801.50(2)[(a) or (c)] because [THE CLAIM AROSE HERE / A DEFENDANT RESIDES OR DOES SUBSTANTIAL BUSINESS HERE].

FACTUAL ALLEGATIONS

6. At all relevant times, the Provider Defendant [held a valid license to sell alcoholic beverages at [ESTABLISHMENT NAME], [ADDRESS], [CITY], Wisconsin / was a person who provided alcoholic beverages at a private gathering].

7. On or about [DATE], Recipient was present at [PREMISES OR GATHERING LOCATION].

8. At all relevant times, Recipient was under the legal drinking age of 21 years. Recipient's date of birth was [__/__/____], making Recipient [____] years old at the time of the events. Wis. Stat. § 125.02(8m), (20m).

Accompaniment. Recipient was not accompanied by a parent, guardian, or spouse who had attained the legal drinking age when Provider Defendant supplied the alcohol.

9. Provider Defendant [PROCURED / SOLD / DISPENSED / GAVE AWAY] alcoholic beverages to Recipient through [IDENTIFY THE ACTOR].

10. Provider Defendant knew or should have known that Recipient was under the legal drinking age, based on the following:

    • ☐ Recipient's youthful appearance
    • ☐ Failure to request identification
    • ☐ Provider Defendant's prior knowledge of Recipient's age
    • ☐ The presentation of a false or expired identification that should have been questioned
    • ☐ Other: [________________________________]

False-age safe harbor. The four-part immunity rule in § 125.035(4)(b)1.-4. does not apply because the following condition was absent: ☐ a false representation of legal age; ☐ documentation supporting that representation; ☐ good-faith reliance on it; ☐ an appearance that would lead an ordinary and prudent person to believe the recipient was of legal drinking age. Supporting facts: [________________________________]

11. As a result of consuming the alcoholic beverages provided by Provider Defendant, Recipient became intoxicated.

12. On or about [DATE], at approximately [TIME], while intoxicated, Recipient [DESCRIBE INJURIOUS CONDUCT].

13. The alcoholic beverages provided by the Provider Defendant were a substantial factor in causing the injuries to the Plaintiff.

14. Plaintiff suffered severe personal injuries and damages.

COUNT I — SERVICE TO UNDERAGE PERSON

(Wis. Stat. § 125.035(4))

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

16. The Provider Defendant supplied alcohol to an unaccompanied underage person in violation of Wis. Stat. § 125.07(1)(a), and knew or should have known the recipient was underage. The alcohol was a substantial factor in causing injury to Plaintiff, a third party. Wis. Stat. § 125.035(4)(a)-(b).

17. Provider Defendant supplied the alcoholic beverages to Recipient as described in paragraph 9.

18. Provider Defendant knew or should have known that Recipient was under the legal drinking age.

19. The alcoholic beverages were a substantial factor in causing the injuries suffered by Plaintiff.

20. The Provider Defendant's conduct was negligent because [PLEAD THE SPECIFIC ACTS AND OMISSIONS, BEYOND MERELY RECITING THE STATUTE]. That conduct caused Plaintiff's injuries as described above. Plaintiff alleges facts taking this claim outside § 125.035(2) immunity; § 125.035(4) alone does not establish liability.

COUNT II — FORCE/MISREPRESENTATION

(Wis. Stat. § 125.035(3))

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

22. Under Wis. Stat. § 125.035(3), subsection (2) immunity does not apply when the person furnishing alcohol causes its consumption by force or by representing that the beverage contains no alcohol.

23. The Provider Defendant [CAUSED THE RECIPIENT TO CONSUME ALCOHOL BY FORCE / CAUSED THE RECIPIENT TO CONSUME ALCOHOL BY REPRESENTING THAT THE BEVERAGE CONTAINED NO ALCOHOL]. The specific acts were [FACTS].

24. The Provider Defendant's conduct was [NEGLIGENT / INTENTIONAL] because [FACTS SUPPORTING AN INDEPENDENT BASIS FOR LIABILITY]. It caused the recipient to consume alcohol and [DESCRIBE THE CAUSAL LINK TO PLAINTIFF'S INJURY].

DAMAGES

25. As a result of the alleged 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. Property damage in the amount of $[____________];
g. Such other compensatory damages as may be proven at trial.

JURY DEMAND

Plaintiff hereby demands a trial by jury on all issues so triable. Under Wis. Stat. § 805.01(2), make this demand by the first scheduling or pretrial conference, whichever occurs first, and pay the jury fee under § 814.61(4) within the period allowed for the demand; without payment, no jury may be called.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests judgment against each Defendant to the extent liability is established:

a. Compensatory damages in an amount to be determined at trial;
b. Taxable costs as allowed by law;
c. Such other relief as the Court deems just and proper.

VERIFICATION

STATE OF WISCONSIN
COUNTY OF [____________________]

I, [PLAINTIFF NAME], being duly sworn, 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, State of Wisconsin
My Commission Expires: [__/__/____]

SUBMITTED BY:

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