Dram Shop Liability Complaint - West Virginia

DRAM SHOP LIABILITY COMPLAINT — WEST VIRGINIA

TABLE OF CONTENTS

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

CAPTION

IN THE CIRCUIT COURT OF [____________________] COUNTY, WEST VIRGINIA

PARTIES

1. Plaintiff [PLAINTIFF NAME] is a citizen of [COUNTY] County, West Virginia, residing at [ADDRESS], [CITY], West Virginia [ZIP CODE].

2. Defendant [ESTABLISHMENT NAME] ("Vendor Defendant") is a [corporation/LLC/individual/partnership] licensed to sell and serve alcoholic beverages under the laws of the State of West Virginia, operating at [ADDRESS], [CITY], [COUNTY] County, West Virginia [ZIP CODE].

3. Defendant [INDIVIDUAL OWNER NAME] ("Owner Defendant") is a citizen of [COUNTY] County, West Virginia, who at all relevant times owned, operated, managed, and/or controlled the Vendor Defendant.

4. Defendant [INTOXICATED PERSON NAME] ("Intoxicated Defendant") is a citizen of [COUNTY] County, West Virginia, residing at [ADDRESS], [CITY], West Virginia [ZIP CODE].

JURISDICTION AND VENUE

5. This Court has jurisdiction pursuant to W. Va. Const. art. VIII, § 6 and W. Va. Code § 56-1-1.

6. Venue is proper in [____________________] County pursuant to W. Va. Code § 56-1-1 because [the cause of action arose in this county / a Defendant resides in this county].

FACTUAL ALLEGATIONS

7. At all relevant times, the Vendor Defendant was licensed to sell and serve alcoholic beverages at [ESTABLISHMENT NAME], [ADDRESS], [CITY], West Virginia.

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

9. The Vendor Defendant, through its agents, servants, or employees, sold and/or served alcoholic beverages to the Intoxicated Defendant.

10. At the time of service, the Intoxicated Defendant was visibly and obviously intoxicated, exhibiting the following signs:
    - ☐ Slurred speech
    - ☐ Unsteady gait, stumbling, or inability to stand
    - ☐ Bloodshot or glassy eyes
    - ☐ Loud, belligerent, or disorderly behavior
    - ☐ Loss of motor coordination
    - ☐ Strong odor of alcohol
    - ☐ Physical incapacitation or near-incapacitation
    - ☐ Other: [________________________________]

11. Despite the Intoxicated Defendant's obvious intoxication, the Vendor Defendant and/or its employees continued to sell and serve alcoholic beverages in violation of W. Va. Code § 60-7-12.

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 — COMMON LAW DRAM SHOP LIABILITY

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

15. Under West Virginia common law, as recognized by the Supreme Court of Appeals of West Virginia, a licensed vendor of alcoholic beverages owes a duty of care to innocent third parties not to serve alcoholic beverages to a person who is obviously and visibly intoxicated.

16. The Vendor Defendant breached this duty by continuing to sell and serve alcoholic beverages to the Intoxicated Defendant when the Intoxicated Defendant was obviously and visibly intoxicated.

17. The Vendor Defendant's breach of duty was a proximate cause of the Intoxicated Defendant's continued intoxication, which was in turn a proximate cause of the injuries suffered by the Plaintiff.

COUNT II — NEGLIGENCE PER SE

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

19. W. Va. Code § 60-7-12 makes it a criminal misdemeanor for a licensee to sell alcoholic beverages to a person who is visibly intoxicated or to a minor.

20. The Vendor Defendant violated W. Va. Code § 60-7-12 by selling alcoholic beverages to the Intoxicated Defendant while the Intoxicated Defendant was visibly intoxicated.

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

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

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

COUNT III — NEGLIGENCE

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

25. The Vendor Defendant owed a duty of reasonable care to the Plaintiff and the public not to serve alcoholic beverages to obviously intoxicated persons.

26. The Vendor Defendant breached this duty by:
    a. Serving alcoholic beverages to a visibly intoxicated patron;
    b. Failing to train employees to recognize visible intoxication;
    c. Failing to implement responsible service policies;
    d. Failing to refuse service when signs of intoxication were obvious;
    e. Failing to take steps to prevent the intoxicated patron from driving.

27. The Vendor 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. Punitive damages for willful, wanton, or reckless conduct;
i. [If applicable] Wrongful death damages pursuant to W. Va. Code § 55-7-5;
j. 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 in an amount sufficient to punish and deter;
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 WEST VIRGINIA
COUNTY OF [____________________]

I, [PLAINTIFF NAME], being first duly sworn, state that I have read the foregoing Complaint and that 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
My Commission Expires: [__/__/____]

SUBMITTED BY:

[________________________________]
[ATTORNEY NAME], WVSB No. [____________]
[FIRM NAME]
[ADDRESS]
[CITY], West Virginia [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Counsel for Plaintiff

STATE-SPECIFIC NOTES

West Virginia Dram Shop Law — Key Provisions

No Standalone Statute: West Virginia does NOT have a standalone dram shop statute. Liability is recognized through common law and judicial decisions.

Criminal Statute as Basis: W. Va. Code § 60-7-12 makes it a criminal misdemeanor to sell alcohol to a visibly intoxicated person or a minor. Courts have used this criminal prohibition as the basis for civil negligence per se claims and common law duty.

Standard: The focus is on physical incapacitation — the patron must have been obviously drunk and physically impaired. Mere intoxication without obvious physical signs may be insufficient.

Recognized by Courts: The West Virginia Supreme Court of Appeals has recognized dram shop liability through case law, particularly Bailey v. Black, 394 S.E.2d 58 (W. Va. 1990).

Social Host Liability: Generally not addressed by the dram shop framework. Social host liability remains unsettled in West Virginia.

Comparative Fault: West Virginia permits recovery at exactly 50% fault and bars recovery only when plaintiff fault exceeds all other responsible persons' combined fault. W. Va. Code § 55-7-13c(c).

Statute of Limitations: Two years from the date of injury under W. Va. Code § 55-2-12.

Punitive Damages: Available upon proof of willful, wanton, or reckless conduct.

Key Case Law:

• Bailey v. Black, 394 S.E.2d 58 (W. Va. 1990) — Recognized common law dram shop liability.
• Young v. Ross, 202 W. Va. 246 (1998) — Discussed scope of vendor duty.

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 West Virginia attorney before filing.