If you’ve been injured in a drunk driving accident, you may be wondering who is responsible for the damages caused by the minor’s intoxication.
Below, we will discuss dram shop liability in Nevada and what it means for those involved in a drunk driving accident. If you or someone you love has been injured in an automobile crash caused by an intoxicated individual, contact our drunk driving accident lawyer at Cameron Law. We serve clients in Henderson, Las Vegas, Paradise, and Spring Valley.
What is Dram Shop Liability?
Dram shop liability is a type of law that holds establishments – e.g., bars, nightclubs, and restaurants – accountable for selling or serving alcohol to an intoxicated person or a minor. When an establishment fails to follow the laws governing the sale or service of alcohol (such as refusing to sell alcohol to a minor), it can be held liable if the customer causes harm while under the influence of alcohol provided by them.
In Nevada, state law does not impose liability against businesses and individuals licensed to sell, serve, or otherwise provide alcohol. However, it does allow injured parties to sue social hosts who provide alcohol to minors to hold the host liable for the damages caused by the minor’s intoxication (Nevada Revised Statute § 41.1305).
However, there are certain situations where social hosts can be held liable for providing alcohol to minors, such as when parents host parties at their homes and allow minors access to alcoholic beverages even though they are aware of it. If someone is injured due to the negligence of these social hosts in providing access to alcoholic beverages to minors, then they can face legal repercussions and might have to pay damages out of pocket, depending on how severe the injury was.
How Does This Affect Injury Claims?
If you were injured due to someone else’s negligence while under the influence of alcohol, you might have grounds for filing a personal injury claim against them or their insurance company.
As mentioned earlier, there are no dram shop laws in Nevada that would hold bars, nightclubs, or restaurants accountable for selling or serving alcohol to an intoxicated person or a minor. This means that if an individual was injured due to an intoxicated person’s actions after being served at an establishment, that establishment cannot be held legally liable for any resulting damages.
While dram shop laws do not exist in Nevada and therefore bars, nightclubs, and restaurants cannot be held responsible if someone gets injured due to intoxication after being served at their premises, any other individuals who had direct involvement with providing access or purchasing alcoholic beverages can still be held legally accountable depending on how severe your injuries were and how much evidence exists proving their involvement in supplying alcohol prior to your injury.
Liability for your injuries and losses caused by the drunk driver depends on the details of your case, which is why you may want to discuss your unique situation with an experienced attorney.
