DRAM SHOP LIABILITY COMPLAINT — WYOMING

TABLE OF CONTENTS

1. Critical Jurisdictional Warning
2. Caption
3. Parties
4. Jurisdiction and Venue
5. Factual Allegations
6. Count I — Dram Shop Liability (Illegal Service — Wyo. Stat. § 12-8-301 Exception)
7. Count II — Negligence Per Se
8. Count III — Common Law Negligence
9. Damages
10. Jury Demand
11. Prayer for Relief
12. Verification
13. State-Specific Notes

CRITICAL JURISDICTIONAL WARNING

WYOMING HAS VERY LIMITED DRAM SHOP LIABILITY.

Under Wyo. Stat. § 12-8-301: "No person who has legally provided alcoholic liquor or malt beverage to any other person is liable for damages caused by the intoxication of the other person."

This means:
- If the service was legal (i.e., to a person 21 or older, with a valid license), no liability exists regardless of the patron's level of intoxication.
- Liability attaches only when the service was illegal — such as service to a minor in violation of Title 12 of the Wyoming Statutes.

Practitioners should carefully evaluate whether the service at issue was "illegal" before filing. If the patron was a legal-age adult and service was otherwise lawful, this claim will likely fail.

CAPTION

IN THE DISTRICT COURT OF THE [____________________] JUDICIAL DISTRICT
IN AND FOR [____________________] COUNTY, WYOMING

PARTIES

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

2. Defendant [LICENSEE NAME] ("Licensee Defendant") is a [corporation/LLC/individual/partnership] holding a liquor license issued under Title 12 of the Wyoming Statutes, operating [ESTABLISHMENT NAME] at [ADDRESS], [CITY], [COUNTY] County, Wyoming [ZIP CODE].

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

JURISDICTION AND VENUE

4. This Court has jurisdiction pursuant to Wyo. Stat. § 5-2-117.

5. Venue is proper in [____________________] County pursuant to Wyo. R. Civ. P. 3 and Wyo. Stat. § 5-2-103 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 license to sell alcoholic beverages at [ESTABLISHMENT NAME], [ADDRESS], [CITY], Wyoming.

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 or provided alcoholic beverages to the Intoxicated Defendant.

9. The sale or provision of alcoholic beverages was illegal because:

☐ (a) Service to Minor: The Intoxicated Defendant was under twenty-one (21) years of age at the time of service, in violation of Wyo. Stat. § 12-5-301. The Intoxicated Defendant's date of birth was [__/__/____], making the Intoxicated Defendant [____] years old at the time.

☐ (b) Other Title 12 Violation: The sale or provision of alcoholic beverages violated the following provision(s) of Title 12 of the Wyoming Statutes: [________________________________].

10. On or about [DATE], at approximately [TIME], as a direct and proximate result of the Intoxicated Defendant's intoxication from the illegally provided alcoholic beverages, the Intoxicated Defendant [describe injurious conduct].

11. Plaintiff suffered severe personal injuries and damages.

COUNT I — DRAM SHOP LIABILITY

(Illegal Service — Wyo. Stat. § 12-8-301 Exception)

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

13. Wyo. Stat. § 12-8-301 provides that no person who has legally provided alcoholic liquor or malt beverage is liable for damages caused by the intoxication of the other person, but this section does not affect liability when the alcohol was sold or provided in violation of Title 12 of the Wyoming Statutes.

14. The Licensee Defendant sold or provided alcoholic beverages to the Intoxicated Defendant in violation of [Wyo. Stat. § 12-5-301 (sale to a minor) / other applicable provision of Title 12: ____________________].

15. Because the service was illegal, the immunity provided by Wyo. Stat. § 12-8-301 does not apply.

16. The Licensee Defendant's illegal provision of alcoholic beverages was a proximate cause of the Intoxicated Defendant's intoxication, which was a proximate cause of the injuries and damages suffered by the Plaintiff.

COUNT II — NEGLIGENCE PER SE

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

18. [Wyo. Stat. § 12-5-301 / applicable provision] prohibits [the sale of alcohol to persons under 21 / describe the violated prohibition].

19. The Licensee Defendant violated this statute.

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

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

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

COUNT III — COMMON LAW NEGLIGENCE

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

24. The Licensee Defendant owed a duty of care to the Plaintiff and the public not to sell alcoholic beverages in violation of the law, specifically not to sell to [minors / in violation of Title 12].

25. The Licensee Defendant breached this duty by:
    a. Selling or providing alcoholic beverages to [a minor / in violation of Title 12];
    b. Failing to verify the age of the Intoxicated Defendant;
    c. Failing to implement policies to prevent illegal sales;
    d. Failing to train employees on legal requirements for alcohol service.

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

DAMAGES

27. 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. [If applicable] Wrongful death damages pursuant to Wyo. Stat. § 1-38-101;
h. 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 of suit;
d. Attorney's fees as permitted by law;
e. Such other relief as the Court deems just and proper.

VERIFICATION

STATE OF WYOMING
COUNTY OF [____________________]

I, [PLAINTIFF NAME], being duly sworn, state that the foregoing Complaint is true and correct 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], WY Bar No. [____________]
[FIRM NAME]
[ADDRESS]
[CITY], Wyoming [ZIP CODE]
Telephone: [________________________________]
Email: [________________________________]
Attorney for Plaintiff

STATE-SPECIFIC NOTES

Wyoming Dram Shop Law — Key Provisions

Statutory Authority: Wyo. Stat. § 12-8-301

General Rule: BROAD IMMUNITY. No person who has legally provided alcoholic liquor or malt beverage to any other person is liable for damages caused by the intoxication of the other person.

Exception — Illegal Service: Immunity does NOT apply when the alcoholic beverages were sold or provided in violation of Title 12 of the Wyoming Statutes. This primarily means:
- Sale to a minor (under 21) in violation of Wyo. Stat. § 12-5-301
- Other violations of Title 12 licensing or service requirements

No Liability for Serving Intoxicated Adults: Wyoming does NOT recognize liability for serving a visibly intoxicated person of legal age when the service is otherwise lawful. This makes Wyoming one of the most restrictive states for dram shop claims.

Social Host Liability: Very limited. The same framework applies — no liability if the provision was legal.

Comparative Fault: Wyoming follows a modified comparative fault system (51% bar) under Wyo. Stat. § 1-1-109.

Statute of Limitations: Four years from the date of injury under Wyo. Stat. § 1-3-105.

Practical Considerations:
- The most viable claims involve illegal service to minors.
- Claims for serving intoxicated adults face near-certain dismissal.
- Ensure the specific Title 12 violation is clearly identified in the complaint.

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