Time to Reconsider Nevada’s Dram Shop Immunity: Why Holding Alcohol Providers Accountable Could Save Lives

Every year, thousands of families are devastated by the loss or injury of a loved one due to drunk driving. Despite aggressive public awareness campaigns, law enforcement efforts, and advancements in vehicle technology, DUI-related deaths and injuries remain a persistent threat on Nevada roads. Yet under current law, one significant lever for change remains conspicuously absent: holding alcohol providers accountable when they serve visibly intoxicated or underage patrons who go on to cause harm.

Nevada’s Outdated Dram Shop Law

Nevada is among a minority of states that offer near-total immunity to bars, restaurants, and alcohol retailers in civil lawsuits stemming from DUI incidents. Under NRS 41.1305, and Hinegardner v. Marcor Resorts, 108 Nev. 1091, 844 P.2d 800 (1992), purveyors of alcohol are generally not liable for injuries caused by an intoxicated person—even if the provider knowingly overserved that individual. This blanket protection creates a legal blind spot that defies common sense and undermines public safety.

It wasn’t always this way in other states. Over the past few decades, the majority of jurisdictions have enacted “dram shop” laws allowing victims and their families to hold alcohol providers liable in cases where they served someone clearly intoxicated or underage. These laws do not punish responsible businesses—they target egregious misconduct and encourage establishments to implement training, oversight, and responsible serving practices. Nevada’s refusal to adopt a similar approach leaves victims without recourse and eliminates a powerful deterrent against negligent service.

Lawsuits Are a Tool for Prevention

Civil liability has long served not only as a mechanism for justice but also as a means of shaping safer behavior. When a bar knows it may face legal consequences for serving a patron who is clearly impaired, it has a financial and ethical incentive to train its staff, monitor consumption, and make better decisions. Without the threat of liability, there is little reason for some businesses to curb over-service, particularly in high-revenue nightlife corridors where profit often takes precedence over safety.

Lawsuits against alcohol providers are not frivolous. They are fact-intensive claims based on whether a provider acted recklessly or ignored obvious signs of intoxication. These cases help illuminate patterns of negligence and hold bad actors accountable—not all businesses, just those who repeatedly choose profit over public safety.

A Measured, Just Approach

Opponents of dram shop liability often argue that individuals—not businesses—should be responsible for their own intoxication and misconduct. Personal responsibility is indeed foundational to our legal system, but it is not a shield for enabling dangerous conduct. The question is not whether the drunk driver should be held accountable—they should. The question is whether the business that fueled their impairment, knowingly or recklessly, should also bear some share of the responsibility. If a slot casino provides drink after drink (to entice the player to play), then why should it not be held liable when the alcohol that it provides, ultimately is the fuel that kills an innocent.

Other states have found a balanced approach: liability is limited to cases where the server knew or should have known that the patron was dangerously impaired or underage. This sets a reasonable threshold and avoids punishing businesses for actions beyond their control while still creating accountability for those who actively contribute to harm.

Moving Nevada Forward

Nevada prides itself on being a modern, forward-thinking state. Yet our dram shop law is stuck in a bygone era. Every victim of a DUI crash should have a meaningful opportunity for justice, and every business that profits from serving alcohol should be expected to do so responsibly.

It’s time for the Nevada Legislature to take a hard look at the consequences of total immunity and consider adopting limited dram shop liability. Doing so would align us with the majority of the country, promote safer alcohol service, and—most importantly—save lives.

Until that day comes, our firm will continue to advocate for victims and push for a legal system that reflects both justice and common sense.

At Murdock & Associates, we are committed to holding wrongdoers accountable and seeking justice for those who have suffered harm. Please don’t hesitate to contact Robert E. Murdock for a confidential consultation. Your case matters—and we’re here to help. 702-685-6111.