Dram Shop Liability Complaint - Nevada

DRAM SHOP / ALCOHOL LIABILITY COMPLAINT

State of Nevada

Before filing: Submit the district court clerk's approved civil case-information form, signed by the initiating party or representative, with this complaint (NRS 3.275(2)).

IMPORTANT: CHECK THE ALCOHOL-FURNISHING LIMITS

NRS § 41.1305(1) bars a civil claim against a person who furnished alcohol to someone aged 21 or older for damages that person caused as a result of consuming the alcohol. Check whether a proposed claim concerns furnishing or an independently supported act and injury.

NRS § 41.1305(2) addresses knowing furnishing to an underage person or knowing permission for underage consumption on premises or in a conveyance belonging to or controlled by the defendant. Subsection (3) excludes licensed alcohol providers and their employees or agents for acts or omissions during the course of business or employment. Plead facts showing why that exclusion does not apply.

TABLE OF CONTENTS

1. Caption
2. Jurisdiction and Venue
3. Parties
4. Factual Allegations
5. Count I — Furnishing Alcohol to Underage Person (NRS § 41.1305(2))
6. Count II — Allowing Underage Consumption
7. Alternative Theories Against Licensed Vendors
8. Damages
9. Jury Demand
10. Prayer for Relief
11. Verification
12. Nevada-Specific Practice Notes

1. CAPTION

IN THE [____] JUDICIAL DISTRICT COURT OF THE STATE OF NEVADA
IN AND FOR THE COUNTY OF [________________________________]

CASE NO. [________________________________] DEPT. NO. [____]

COMPLAINT

2. JURISDICTION AND VENUE

1. This Court has jurisdiction because [state the claim, amount in controversy, and current basis for district-court jurisdiction].

2. Venue is proper in [________________________________] County pursuant to NRS § 13.040 because [DEFENDANT NAME] resides in this county. [If no defendant resides in Nevada, or a Nevada defendant's county of residence is unknown to Plaintiff, identify the applicable statutory alternative.]

3. PARTIES

Plaintiff:

3. Plaintiff [PLAINTIFF NAME] is an individual residing at [________________________________], [________________________________] County, Nevada [____].

4. [If wrongful death: Plaintiff is the [personal representative / heir] of [DECEDENT NAME] and brings this action pursuant to NRS § 41.085.]

Defendants:

5. Defendant [DEFENDANT NAME] (hereinafter "Furnishing Defendant") is a [individual / entity] [residing / located] at [________________________________], Nevada [____].

6. Defendant [UNDERAGE PERSON NAME] (hereinafter "Underage Person") is an individual who was [____] years of age at the time of the incident, residing at [________________________________], Nevada [____].

4. FACTUAL ALLEGATIONS

7. On or about [__/__/____], at approximately [____] [a.m./p.m.], Underage Person, who was [____] years old (under the legal drinking age of twenty-one), consumed alcoholic beverages at [________________________________].

8. Furnishing Defendant knowingly:

☐ Furnished alcoholic beverages to Underage Person, knowing Underage Person was under 21; and/or
☐ Allowed Underage Person to consume alcoholic beverages on premises owned or controlled by Furnishing Defendant, knowing Underage Person was under 21

9. Furnishing Defendant knew or had reason to know that Underage Person was under the legal drinking age because:

[________________________________]
[________________________________]

10. Over the course of approximately [____] hours, Underage Person consumed approximately [____] alcoholic beverages and became intoxicated.

11. Underage Person exhibited visible signs of intoxication including:

☐ Slurred speech
☐ Unsteady gait or stumbling
☐ Glassy or bloodshot eyes
☐ Impaired judgment
☐ Loss of coordination
☐ Other: [________________________________]

12. After becoming intoxicated, Underage Person [operated a motor vehicle / engaged in conduct] that caused injury to Plaintiff at or near [________________________________] on [__/__/____] at approximately [____] [a.m./p.m.].

5. COUNT I — FURNISHING ALCOHOL TO UNDERAGE PERSON (NRS § 41.1305(2))

13. Plaintiff incorporates by reference all preceding paragraphs.

14. NRS § 41.1305(2)(a) permits a civil claim for damages caused by an underage person as a result of consuming an alcoholic beverage that the defendant knowingly served, sold, or otherwise furnished to that person, subject to subsection (3).

15. Subsection (3)'s exclusion for a licensed alcohol provider or its employee or agent acting during the course of business or employment does not apply because [plead supported facts].

16. Furnishing Defendant knowingly furnished alcohol to Underage Person as follows: [facts].

17. Underage Person's resulting intoxication was a proximate cause of Plaintiff's injuries.

6. COUNT II — ALLOWING UNDERAGE CONSUMPTION

18. Plaintiff incorporates by reference all preceding paragraphs.

19. In the alternative, NRS § 41.1305(2)(b) applies because Furnishing Defendant knowingly allowed Underage Person to consume alcohol on premises or in a conveyance belonging to or controlled by Furnishing Defendant: [facts].

20. Subsection (3)'s business or employment exclusion does not apply for the reasons pleaded in paragraph 15.

21. Underage Person caused Plaintiff's damages as a result of consuming that alcohol. Counts I and II seek one recovery for the same injury.

7. INDEPENDENT CLAIMS, IF SUPPORTED

Use an independent theory only after identifying current controlling authority, a duty and act separate from the furnishing covered by NRS § 41.1305, and facts connecting that act to the injury. Delete unsupported options.

7A. Premises Liability (If Injury Occurred On-Premises):

22. [If supported: plead a specific independent premises duty, breach, and on-premises injury.]

7B. Negligent Security:

23. [If supported: plead the independent security duty and the acts or omissions that breached it.]

7C. Negligent Entrustment:

24. [If supported: plead the source of an independent entrustment duty and facts showing control of the vehicle.]

8. DAMAGES

25. As a direct and proximate result of Defendants' actions, Plaintiff has suffered:

(a) Medical expenses — past and future — in the amount of $[________________________________]

(b) Lost wages and earning capacity in the amount of $[________________________________]

(c) Pain and suffering — past and future

(d) Mental anguish and emotional distress

(e) Loss of consortium [if applicable]

(f) Property damage in the amount of $[________________________________]

(g) Punitive damages, if the facts warrant them under NRS § 41.1305(4) and the applicable requirements of NRS § 42.005

(h) [If wrongful death: Funeral expenses; loss of support, companionship, and society]

9. JURY DEMAND

26. Plaintiff hereby demands a trial by jury on all issues so triable.

10. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in Plaintiff's favor and against Defendants as follows:

(a) Compensatory damages in an amount to be determined at trial;

(b) Punitive damages within NRS 42.005 limits;

(c) Pre-judgment and post-judgment interest;

(d) Costs of this action and reasonable attorney's fees where permitted;

(e) Such other and further relief as this Court deems just and proper.

11. VERIFICATION

I, [PLAINTIFF NAME], verify under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge, information, and belief.

Signature: ________________________________________

Date: [__/__/____]

Respectfully submitted,

________________________________________
[ATTORNEY NAME], Esq.
[FIRM NAME]
[ADDRESS]
[CITY], Nevada [____]
Telephone: [________________________________]
Email: [________________________________]
Nevada Bar No. [________________________________]

Counsel for Plaintiff

12. NEVADA-SPECIFIC PRACTICE NOTES

ADULT FURNISHING CLAIMS:

• NRS § 41.1305(1) bars a civil claim against a person who furnished alcohol to someone aged 21 or older for damages that person caused as a result of consuming it.
• Visible intoxication alone does not create an exception to that subsection.
• Hamm v. Carson City Nugget, Inc., 85 Nev. 99, 450 P.2d 358 (1969)

Underage Claim and Business Exclusion:

• NRS § 41.1305(2) addresses knowing furnishing and knowing permission for consumption on covered premises or in a covered conveyance.
• Subsection (3) excludes a licensed alcohol provider and its employee or agent for acts or omissions in the course of business or employment. Identify the defendant's role and the timing and capacity of the act.

Independent Claims:

• Evaluate any claim based on conduct other than furnishing under its own current controlling authority and facts; do not assume this statute supplies its duty.

Comparative Fault:

• For a negligence claim in which comparative negligence is asserted, apply NRS § 41.141's comparative-fault rule. Assess its application to a statutory § 41.1305 claim separately.

Punitive Damages:

• Subject to NRS 42.005(1): 3x compensatory damages when compensatory damages are $100,000 or more, or $300,000 when compensatory damages are less than $100,000, unless an exception applies.

Statute of Limitations:

• 2 years from the date of injury (NRS 11.190(4)(e))

Pre-Suit Requirements:

• Check the current requirements for the pleaded claims and defendants before filing.

Key Case Law:

• Hamm v. Carson City Nugget, Inc., 85 Nev. 99, 450 P.2d 358 (1969)
• Rodriguez v. Primadonna Co., LLC, 125 Nev. 578, 216 P.3d 793 (2009)

This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Nevada should review all claims and filing requirements before submission. Last updated: 2026-11-06.