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What Are Dram Shop Laws
Dram shop laws refer to state statutes that hold businesses and, at times, individuals legally liable for serving alcohol to someone who later causes injuries or damages due to their intoxication.
The term "dram shop" originated from the 18th and 19th century taverns where alcohol was served by the "dram".
When a state enforces dram shop laws, the state's bars, restaurants, and liquor stores could face civil liability in the event they knowingly serve alcohol to a visibly intoxicated person or a minor who then injures themselves or others.
Dram shop laws vary from state to state, so it's crucial for any new bar, restaurant, convenience store, or liquor shop owner to thoroughly research the dram shop law in their state or speak with an attorney to better their chances of avoiding personal responsibility for someone else's actions.
Explaining Nevada Dram Shop Laws
Nevada's dram shop law is noticeably less than other states' dram shop laws, as under NRS 41.1305, bars, restaurants, liquor stores, and casinos are not legally responsible for any injuries or damages their adult customers may cause after becoming intoxicated in their establishment.
Nevada lawmakers would argue that the reason for enforcing such a light dram shop law is due to the fact that adults should be responsible for their actions, even when consuming alcohol, and while true the truth is that Las Vegas, the economic capital of Nevada, is run on a 24/7 nightlife and hitting bars or casinos with civil penalties after every drunk driving accident would destory countless businesses even large ones.
So, by removing dram shop liability from most alcohol-serving establishments, the businesses that create Vegas's nightlife can exceed the limits.
However, the Nevada dram shop law does have one exception in which a business could be held civilly liable for the actions of a person to whom they served alcohol, which is if the establishment knowingly served alcohol to someone who was under 21, Nevada's legal drinking age.
Under this exception, someone injured by a drunk person must prove the following elements to impose civil liability on the business that knowingly served alcohol to a minor:
- The business (defendant) knew they were providing alcohol to a minor
- The minor's alcohol intoxication was a direct cause of the injuries or damages the plaintiff suffered
- The injuries or damages the intoxicated minor caused were foreseeable by the business
Being hit with a civil lawsuit following the negligence or intentional actions of one of your patrons can be devastating to your business, so it's crucial that if you're facing dram shop liability due to a minor you unknowling allow to consume alcholo in your estblishment contact the attorneys at the Rodney Okano Car Accident Lawyer Law Firm to learn about your legal options.
Can Liability Be Established Under Nevada's Dram Shop Laws
Although the Nevada Revised Statutes have a light dram shop law, you can still establish dram shop liability in cases where a business knowingly serves alcohol to a minor and they later cause injury, death, or property damage because of their intoxication.
However, in situations where an adult, 21 and over, commits an act resulting in injury, death, or property damage after becoming intoxicated at a bar, restaurant, casino, or any other licensed consumption lounge, Nevada law will generally protect those licensed establishments from civil liability.
How to Establish Liability Under Nevada's Dram Shop Laws
When businesses knowingly provide alcohol to a minor, they could be held liable and sued for compensatory damages for any damages and injuries caused by the intoxicated minor.
However, before any victims injured by the intoxicated minor can recover damages from the responsible businesses, liability must be established, which can be done by proving:
- The minor's age
- The vendor's knowledge of the minor's age
- The link between the minor's intoxication and injuries
- The foreseeable harm in serving alcohol to a minor
Proving liability alone and working the legal process can be a difficult task, especially if the alcohol vendors are a large, established business; however, with help from an experienced attorney from the Rodney Okano Car Accident Lawyer, you can receive the legal guidance needed to pursue compensation and hold the business accountable for serving minors.
Examples Where a Nevada Business Could Be Held Liable Under Dram Shop Laws
Knowing examples when Nevada's dram shop law applies is crucial when suffering a personal injury from a drunk driving car accident and seeking compensation.
Common examples where a Nevada might impose liability on a business or alcohol vendor for serving alcohol to a person who commits a negligent act include:
- Sell alcohol to an underage person without checking an appropriate form of ID
- Accepting an obviously fake ID
- Knowingly allowing minors to be served alcohol
If a business is caught engaging in one of the acts above, it could face license suspension, civil penalties, and even criminal charges.
What Is Classified as a Dram Shop in Nevada
In Nevada, a "dram shop" refers to licensed consumption lounges that sell or serve alcoholic drinks to the public.
Common examples of dram shops in Nevada are:
- Bars and taverns
- Restaurants with liquor licenses
- Casinos and resorts
- Liquor shops and convenience stores
Places that serve alcohol must follow state regulations and alcohol laws to prevent license revocation and other penalties.
Do Dram Shop Laws Apply to Nevada Social Hosts
The Nevada dram shop law typically only applies to a commercial business or alcohol vendor that sells or serves alcohol for a profit, not social hosts who treat their adult guests to alcoholic drinks.
However, social host liability could still exist if the social host knowingly allowed a minor to consume alcohol.
If you seek compensation from a social host due to an intoxicated person stemming from their home, it's crucial that you enlist the help of a personal injury attorney from the Rodney Okano Car Accident Lawyer to ensure a fair settlement.
Who Can Be Liable for a Drunk Driving Accident in Nevada
After being injured due to a car accident caused by an intoxicated driver, it's crucial to understand which parties can be held liable when seeking to determine fault and recover a fair settlement.
Under Nevada's current legal framework, the following parties can be held liable for a drunk driving car crash.
The Drunk Driver
In most DUI accidents, the drunk driver will be held criminally and civilly responsible for the damages and injuries they caused due to their negligent actions.
Licensed Alcohol Vendors
In situations where a bar, restaurant, liquor store, or any other licensed distributor of alcohol knowingly serves or sells alcohol to a minor who then causes injuries, damages, or death, financial or even criminal liability could be brought upon the establishment.
Social Hosts
While dram shop laws do not govern a social host, they can still be held liable for damages if they knowingly served a minor alcohol who later caused harm due to their intoxication.
Social host liability can be complex to prove, but it is doable with the proper evidence.
Employers
If an impaired driver was performing official work duties during the car accident, such as delivering packages, trucking, or driving to a work site, their employer could be held liable under Nevada's vicarious liability laws, which allow employers to be held legally responsible for the actions of their employees.
Damages Available to Nevada Drunk Driving Accident Victims
Nevada victims of DUI accidents may be entitled to a wide range of both economic and non-economic damages, which are important to understand when seeking a fair settlement.
Damages typically awarded to DUI crash victims include:
- Medical expenses (Past and future medical bills)
- Lost wages (Past and future lost income)
- Loss of earning capacity
- Property damage
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Punitive damages (In cases of extreme negligence, which often includes drunk driving)
Set up a free consultation with one of our Las Vegas drunk driving accident lawyers today by calling (702) 566-3600 to learn your legal options to recover maximum compensation.
Are There Dram Shop Laws for Marijuana Vendors
The Nevada state law or cannabis compliance board does not enforce any type of dram shop law or "gram shop law" in which a licensed marijuana vendor can be held liable for the actions of an individual whom they sold marijuana to.
However, like with alcohol vendors, if a licensed marijuana vendor knowingly sells cannabis or cannabis paraphernalia to a minor or person under 21, they could face numerous penalties, including license suspension, civil lawsuits, and criminal charges.
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Rodney Okano Car Accident Lawyer is a Las Vegas personal injury law firm with over 20 years of experience helping clients obtain maximum compensation following injuries from accidents such as car crashes, worksite injuries, and slips and falls. Over those years, The Rodney Okano Car Accident Lawyer Law Firm has become an experienced law firm that can ensure exceptional results for any of its clients.
