DRAM SHOP LIABILITY COMPLAINT — WISCONSIN

TABLE OF CONTENTS

1. Critical Jurisdictional Warning
2. Caption
3. Parties
4. Jurisdiction and Venue
5. Factual Allegations
6. Count I — Liability for Service to Underage Person (Wis. Stat. § 125.035(2))
7. Count II — Liability for Force/Misrepresentation (Wis. Stat. § 125.035(3))
8. Count III — Negligence Per Se (Wis. Stat. § 125.07)
9. Damages
10. Jury Demand
11. Prayer for Relief
12. Verification
13. State-Specific Notes

CRITICAL JURISDICTIONAL WARNING

WISCONSIN PROVIDES BROAD IMMUNITY TO ALCOHOL PROVIDERS.

Under Wis. Stat. § 125.035(2), the general rule is that no person is liable for selling, dispensing, or giving away alcoholic beverages to another person.

EXCEPTIONS — liability exists ONLY when:

1. Force or Misrepresentation (§ 125.035(3)): The provider forced the person to consume the alcoholic beverage, or procured the alcoholic beverage for a person by representing that the beverage did not contain alcohol.

2. Service to Underage Person (§ 125.035(4)): The provider gave alcohol to an underage person; the provider knew or should have known the person was underage; and the alcohol was a "substantial factor" in causing injury to a third party.

There is NO traditional dram shop claim for serving visibly intoxicated adults in Wisconsin. Claims against providers for overservice to adults who are of legal age will be dismissed.

CAPTION

STATE OF WISCONSIN
CIRCUIT COURT
[____________________] 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. Defendant [UNDERAGE/INTOXICATED PERSON NAME] ("Underage Defendant") is an individual residing at [ADDRESS], [CITY], [COUNTY] County, Wisconsin [ZIP CODE].

JURISDICTION AND VENUE

4. This Court has jurisdiction pursuant to Wis. Stat. § 801.04.

5. Venue is proper in [____________________] County pursuant to Wis. Stat. § 801.50 because [the cause of action arose in this county / a Defendant resides in this county].

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], the Underage Defendant was present at [the Provider Defendant's premises / the Provider Defendant's gathering].

8. At all relevant times, the Underage Defendant was under the legal drinking age of twenty-one (21) years. The Underage Defendant's date of birth was [__/__/____], making the Underage Defendant [____] years old at the time of the events.

9. The Provider Defendant, and/or its agents, servants, or employees, sold, dispensed, or gave away alcoholic beverages to the Underage Defendant.

10. The Provider Defendant knew or should have known that the Underage Defendant was under the legal drinking age of twenty-one (21), based on the following:
    - ☐ The Underage Defendant's youthful appearance
    - ☐ Failure to request identification
    - ☐ The Provider Defendant's prior knowledge of the Underage Defendant's age
    - ☐ The presentation of a false or expired identification that should have been questioned
    - ☐ Other: [________________________________]

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

12. On or about [DATE], at approximately [TIME], while intoxicated, the Underage Defendant [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. Pursuant to Wis. Stat. § 125.035(4), the general immunity from liability does not apply when:
    a. A person provides alcohol to an underage person;
    b. The person knew or should have known the recipient was underage; and
    c. The alcohol was a substantial factor in causing injury to another person.

17. The Provider Defendant gave, sold, or dispensed alcoholic beverages to the Underage Defendant.

18. The Provider Defendant knew or should have known that the Underage Defendant was under the legal drinking age of twenty-one (21).

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

20. The Provider Defendant is liable for the Plaintiff's damages under Wis. Stat. § 125.035(4).

COUNT II — FORCE/MISREPRESENTATION

(Wis. Stat. § 125.035(3))

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

22. Pursuant to Wis. Stat. § 125.035(3), the general immunity from liability does not apply when:
    a. A person procures alcohol for another by force; OR
    b. A person procures alcohol for another by representing that the beverage does not contain alcohol.

23. The Provider Defendant [forced the Underage/Intoxicated Defendant to consume alcoholic beverages / represented to the Underage/Intoxicated Defendant that the beverages did not contain alcohol].

24. As a result, the Underage/Intoxicated Defendant became intoxicated and caused injury to the Plaintiff.

COUNT III — NEGLIGENCE PER SE

(Wis. Stat. § 125.07)

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

26. Wis. Stat. § 125.07 prohibits any person from selling, dispensing, or giving away alcoholic beverages to any underage person.

27. The Provider Defendant violated Wis. Stat. § 125.07 by providing alcoholic beverages to the Underage Defendant.

28. Plaintiff is within the class of persons the statute was designed to protect.

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

DAMAGES

30. 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. Property damage in the amount of $[____________];
g. Punitive damages for aggravated or intentional misconduct;
h. [If applicable] Wrongful death damages pursuant to Wis. Stat. § 895.04;
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. Punitive damages;
c. Pre-judgment and post-judgment interest;
d. Costs of suit;
e. Attorney's fees as permitted by law;
f. 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

STATE-SPECIFIC NOTES

Wisconsin Dram Shop Law — Key Provisions

Statutory Authority: Wis. Stat. § 125.035

General Rule: BROAD IMMUNITY. No person is liable for injuries caused by selling, dispensing, or giving away alcoholic beverages. This applies to both commercial vendors and social hosts.

Exceptions (Very Narrow):

1. Force or Misrepresentation (§ 125.035(3)): Provider forced the person to consume alcohol, or represented the beverage did not contain alcohol.

2. Service to Underage Person (§ 125.035(4)):
   - Provider gave alcohol to an underage person;
   - Provider knew or should have known the person was underage; AND
   - Alcohol was a "substantial factor" in causing the injury.

NO Liability for Serving Intoxicated Adults: Wisconsin provides absolute immunity for serving alcohol to intoxicated adults of legal age. There is no "visibly intoxicated" exception for adults.

Comparative Negligence: Wisconsin follows a modified comparative negligence system (51% bar) under Wis. Stat. § 895.045.

Statute of Limitations: Three years from the date of injury under Wis. Stat. § 893.54.

Social Host Liability: Social hosts receive the same broad immunity as commercial vendors, with the same narrow exceptions for serving underage persons or force/misrepresentation.

Key Case Law:
- Sorensen v. Jarvis, 119 Wis. 2d 627 (1984) — Pre-statute case discussing alcohol liability policy.
- Olson v. Connerly, 156 Wis. 2d 488 (1990) — Addressed scope of § 125.035 exceptions.

This template is provided for educational and informational purposes only. It does not constitute legal advice. Wisconsin provides broad immunity to alcohol providers with only narrow exceptions. Always verify current law and consult with a licensed Wisconsin attorney before filing.