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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.
2. Except as otherwise provided in this section, a person who:
(a) Knowingly serves, sells or otherwise furnishes an alcoholic beverage to an underage person; or
(b) Knowingly allows an underage person to consume an alcoholic beverage on premises or in a conveyance belonging to the person or over which the person has control, is liable in a civil action for any damages caused by the underage person as a result of the consumption of the alcoholic beverage.
3. The liability created pursuant to subsection 2 does not apply to a person who is licensed to serve, sell or furnish alcoholic beverages or to a person who is an employee or agent of such a person for any act or failure to act that occurs during the course of business or employment and any such act or failure to act may not be used to establish proximate cause in a civil action and does not constitute negligence per se.
4. A person who prevails in an action brought pursuant to subsection 2 may recover the person�s actual damages, attorney's fees and costs and any punitive damages that the facts may warrant.
5. As used in this section, "underage person" means a person who is less than 21 years of age.
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