Bars, Casinos, and Dram Shop Liability: Can You Sue the Alcohol Provider in Nevada?

The drunk driver who hit you didn’t get that way in a vacuum. They were at a bar on the Strip. Or doing shots at a casino. Or drinking nonstop at an all‑inclusive “open bar” event. Your instinct is simple: “If the bar kept serving them when they were obviously wasted, can’t I sue the bar too?” In many states, yes. That’s the whole idea behind “dram shop” laws, the statutes that let injured people go after bars and restaurants that overserve. In Nevada, the answer is a lot more brutal: almost always no.

At Mainor Ellis Injury Lawyers, we regularly have to explain this harsh reality to people who were hit, maimed, or lost family members to drunk drivers who were visibly intoxicated in Las Vegas or elsewhere in Nevada. The law is not what most people expect.

Nevada’s Starting Point: The Drinker, Not the Pourer, Is Responsible

Nevada has made a very deliberate policy choice: the act of drinking, not the act of serving, is the “proximate cause” of the harm.

That idea is baked into NRS 41.1305, Nevada’s key statute on civil liability for alcohol providers. In plain English, the statute says:

1. If a person is 21 or older;
2. AND a bar, casino, restaurant, or other vendor legally serves them alcohol;
3. AND that person goes out and injures someone (DUI crash, assault, etc.); then
4. The bar or casino is not liable for those injuries in a civil lawsuit.

The drunk person is. The establishment that kept filling the glass usually walks away untouched.

So if you’re imagining a big dram shop case against a major Las Vegas casino because they overserved a tourist who later smashed into your car, Nevada law is designed to shut that down.

The One Exception Is Serving Minors

There is one major crack in that shield. That’s when the establishment is serving alcohol to someone under 21.

Under NRS 41.1305(2), a licensed alcohol vendor (like a bar, casino, restaurant, or liquor store) can be sued for damages if:

1. They knowingly serve, sell, or furnish alcohol to a person under 21; or
2. They furnish alcohol in reckless disregard of the fact that the person is under 21,
3. AND that service is a proximate cause of injuries or death.

So, if a casino bar serves multiple drinks to a clearly underage patron using a fake ID they barely glance at, and that underage drinker later causes a serious crash, then the casino may be on the hook in addition to the drunk driver.

What About Social Hosts? House Parties, Pool Parties, Airbnb?

Nevada also largely protects social hosts. That’s the friend, coworker, or relative who hosts a party and provides alcohol.

Under NRS 41.1305(3), a social host who knowingly serves alcohol to a person under 21 can be liable if that minor later injures or kills someone. For adults 21 and over, social hosts are essentially immune the same way bars are

So Who Can You Sue After a Drunk Driving Injury in Nevada?

Even with Nevada’s harsh stance on dram shop liability, you are not out of options after a DUI crash. Typically, our Las Vegas drunk or drugged driving accident lawyers look at:

• The drunk driver (primary defendant)
• The drunk driver’s auto insurance
• Your own UM/UIM coverage (uninsured/underinsured motorist)
• Potential employer liability if the drunk was on the job or in a company vehicle
• Third parties tied to road design, vehicle defects, or other contributing factors

But in the narrow under‑21 exceptions, we also explore bars, casinos, or restaurants that served minors as well as social hosts who knowingly allowed underage drinking.

Injured in a Drunk or Drugged Driving Accident? We Can Help

Contact Mainor Ellis Injury Lawyers for a free evaluation. We’ll walk you through how Nevada’s dram shop laws actually work and we’ll fight to make sure every legally responsible party pays their share for the harm you’ve suffered. Call at 702-450-5000 to discuss how we could help you.

Source:

leg.state.nv.us/nrs/nrs-041.html