What You Should Know About Dram Shop Liability in Nevada (Hint: It Doesn’t Exist)

When someone gets behind the wheel after drinking too much and causes a collision, it’s natural to wonder who else might be responsible, especially if the drunk driver was served alcohol at a bar, restaurant, or nightclub before the accident. Many states have regulations called “dram shop” laws that allow victims of drunk driving accidents to sue those establishments for overserving alcohol to someone who was clearly intoxicated.

However, Nevada isn’t one of those states. That’s right. Nevada does not have dram shop liability laws. So, if you’re injured in a drunk driving accident, you can’t sue the bar, liquor store, or casino that served the driver. This legal gap can be tough for victims with life-changing injuries, sky-high medical bills, or worse, the loss of a loved one.

Still, this doesn’t mean you’re out of options. At Claggett & Sykes, our drunk driving accident attorneys help people hold impaired drivers accountable and fight for the compensation they need and deserve.

What is dram shop liability?

“Dram shop” laws are named for 18^th-century establishments that sold alcohol by the dram, a small unit of liquid. Today, these laws allow victims of drunk driving accidents to sue alcohol vendors like bars, restaurants, or liquor stores, if they serve alcohol to someone who is visibly intoxicated or underage, and that person later causes harm.

For example, let’s say a bartender continues to serve shots to a clearly inebriated customer, and then that customer gets in a car, drives off, and crashes into another vehicle. In states with dram shop laws, the injured person or their family might be able to sue the bar for contributing to the crash.

These laws exist in most states, but Nevada is not one of them.

Nevada has no dram shop laws

In Nevada, the courts have consistently ruled that the person who drinks the alcohol, not the person or business that serves it, is responsible for their actions.

According to NRS 41.1305, vendors of alcohol, including bars, restaurants, liquor stores, and casinos, can’t be held civilly liable for any injuries or damages caused by someone they served, even if that person was clearly intoxicated.

There’s one narrow exception. If an adult knowingly serves alcohol to a person under the age of 21, and that minor causes harm as a result, the adult can be held liable. However, this typically applies to private individuals, not businesses. In simple terms, if a drunk driver crashes into you after leaving a Las Vegas bar, you can sue the driver, but not the bar.

What can I do if a drunk driver in Nevada injures me?

Even though you can’t sue a bar or restaurant in Nevada, you still have legal options if you’re hurt in a DUI crash.

The most direct way to seek justice is to file a personal injury claim against the drunk driver. With the help of our experienced drunk driving accident lawyers, you can pursue compensation for the following:

• Medical bills (both past and future)
• Lost wages and loss of earning capacity
• Pain and suffering
• Emotional distress
• Property damage

If the crash was fatal, the victim’s family may be able to file a wrongful death claim.

Our lawyers may also seek punitive damages. Punitive damages are different from the typical “compensatory” damages listed above. While compensatory damages are designed to reimburse you for your losses, punitive damages are meant to punish the wrongdoer and send a message to others.

Nevada courts have recognized that driving under the influence is not just reckless, it’s downright dangerous. If the driver who hurt you was intoxicated at the time of the accident, you may be able to pursue punitive damages in addition to other compensation.

DUI is a criminal offense here in Nevada. If the driver is arrested and charged, their criminal case can be useful for your personal injury claim. While a criminal conviction isn’t required to win your civil case, it can strengthen your argument and help establish fault. Our attorneys may be able to obtain police reports, breathalyzer results, witness statements, and other evidence from the criminal investigation to support your lawsuit.

Why doesn’t Nevada allow dram shop laws?

You might be wondering why Nevada doesn’t allow dram shop liability when so many other states do. The answer comes down to personal responsibility and Nevada’s business-friendly legal climate and tourism-heavy economy.

Nevada courts have typically taken the position that people are responsible for their own actions, including drinking too much and choosing to drive. The idea is that it’s not the server’s job to babysit every customer, but the individual’s job to drink responsibly.

This argument has been challenged in the past, but the courts stood firm. In the 1992 case Hinegardner v. Marcor Resorts, the Nevada Supreme Court held that serving alcohol isn’t the proximate cause of an injury – the drinking and driving is. Even in cases where casinos have forced people they know to be intoxicated to drive off of the property, resulting in injury or death, the courts have refused to hold the casino liable.

Also, Nevada’s economy depends heavily on tourism, nightlife, and hospitality. Casinos, restaurants, and bars play a huge role in that economy, especially in cities like Las Vegas and Reno. Allowing dram shop lawsuits could expose these businesses to complicated liability claims and potentially lead to higher insurance costs, stricter serving rules, and more legal red tape. The state has chosen to prioritize the industry’s freedom over legal remedies for drunk driving victims.

What if the drunk driver was overserved at a casino or bar?

It can be terribly frustrating to know that someone who was clearly intoxicated kept getting drinks at a bar before getting into their car and causing a crash, and that the business that served them can’t be held accountable.

However, that’s the current law in Nevada. You can only legally pursue the driver, not the establishment. This is why it’s so important to work with an experienced drunk driving accident attorney. While you can’t go after the bar, our lawyers can help you:

• Prove the driver’s intoxication and fault
• Identify all sources of insurance coverage
• Build a compelling case for punitive damages
• Maximize your financial compensation

Can social hosts be held liable in Nevada?

Another question we often hear is whether private individuals, like someone who hosts a party, can be sued for serving alcohol to someone who later causes a drunk driving accident. In most cases, no. Social hosts in Nevada are generally protected from liability, just like bars and restaurants.

However, an exception exists if an adult knowingly provides alcohol to someone under the age of 21. If that minor goes on to injure someone while drunk, the adult could face civil liability. Again, this does not apply to commercial alcohol vendors.

If you or a loved one has been injured by a drunk driver in Las Vegas, we know how overwhelming and painful the situation can be. It’s even more frustrating to learn that the bar or casino that kept the drinks flowing can’t be held accountable under the law. However, you still have powerful legal tools at your disposal.

At Claggett & Sykes, our Las Vegas drunk driving accident lawyers have helped many victims recover for their injuries, often including punitive damages, from the impaired drivers who injured them. We thoroughly investigate each case, build strong evidence, and fight hard to hold drunk drivers accountable. Even in a state without dram shop laws, you have rights, and we’re here to help you protect them. Contact us today for a free consultation. We’re prepared to explain your legal options, answer your questions, and help you figure out the best path forward. Please call us or complete our contact form to schedule your free consultation. We have offices in Las Vegas and Reno for your convenience.