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Nevada Alcohol Third Party Liability Law

Alcohol servers are immune from civil liability as a result of injury caused by a person to whom they served alcohol.  This is obviously a major plus for servers in Nevada.  Other states hold servers just as liable as the intoxicated person who causes the injury. In these states, this is referred to as "dram shop" or "third party liability". In Nevada, if you sell, serve, or furnish alcohol to another individual, and that individual becomes intoxicated and causes injury to himself or to a third party, you as the furnisher of the alcohol cannot be held liable in a civil action.

In 2007 the law was amended and now only immunizes liability if the person served was 21 years of age or older. If a person under the age of 21 is served, the furnisher of the alcohol is liable an may have to pay actual damages, punitive damages, and attorney's costs. The statute is below:

NRS 41.1305  Liability of person who serves, sells or furnishes alcoholic beverages for damages caused as a result of consumption of alcoholic beverage: No liability if person served is 21 years of age or older; liability in certain circumstances if person served is under 21 years of age; exception to liability; damages, attorney's fees and costs.

      1.  A person who serves, sells or otherwise furnishes an alcoholic beverage to another person who is 21 years of age or older is not liable in a civil action for any damages caused by the person to whom the alcoholic beverage was served, sold or furnished as a result of the consumption of the alcoholic beverage.

 

 

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