Last updated: 6/3/2014
150.19. Dram Shop Act-Burden of Proof-Injury to Person-Property by Intoxicated Under 21-Person Paying for Hotel
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Description
150.19 Dram Shop Act--Burden of Proof--Injury to Person or Property by an Intoxicated Person Under 21--Person Paying for Hotel or Motel or Facility [In this lawsuit,] [In Count ___,] plaintiff [name of plaintiff] claims [name] is entitled to recover damages from the defendant. The plaintiff must prove: First, [name of intoxicated person under 21 years of age] was intoxicated at the time of the [__________, e.g., collision]. Second, the defendant, [name of person allegedly paying for room or facility], paid for a hotel or motel room or facility. Third, the defendant, [name of person allegedly paying for room or facility], was at least 21 years of age when he paid for the hotel or motel room or facility. Fourth, the defendant, [name of person allegedly paying for room or facility], knew that the hotel or motel room or facility was to be used by a person under 21 years of age for the unlawful consumption of alcoholic liquors. Fifth, the liquor thus consumed caused the intoxication of [name of intoxicated person under 21 years of age] Sixth, is [name of intoxicated person under 21 years of age]'s intoxication was at least one cause of the occurrence in question. Seventh, as a result of the occurrence, plaintiff suffered [injury] [damage to his property].