Dram Shop Liability Complaint

DRAM SHOP / ALCOHOL LIABILITY COMPLAINT

State of Nevada

IMPORTANT: NEVADA GRANTS COMPLETE VENDOR IMMUNITY

Nevada does not have a traditional dram shop statute. NRS § 41.1305(1) provides complete civil immunity to any person, including licensed vendors, who serves, sells, or furnishes alcohol to a person aged 21 or older. The immunity is absolute — there is no exception for visible intoxication when serving adults.

Limited exception: NRS § 41.1305(2) creates liability against persons who knowingly furnish alcohol to an underage person or knowingly allow underage consumption on premises they control. However, this provision expressly excludes licensed vendors and their employees.

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 — Negligence — 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 over this matter pursuant to Nev. Const. Art. 6, § 6 and NRS § 4.370.

2. Venue is proper in [________________________________] County pursuant to NRS § 13.040 because [the cause of action arose / defendant resides] in this county.

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. Pursuant to NRS § 41.1305(2), a person who knowingly sells, gives, or otherwise furnishes an alcoholic beverage to a person under 21 years of age, or who knowingly allows such a person to consume an alcoholic beverage on premises owned or controlled by that person, is liable for damages resulting from the underage person's intoxication.

15. Furnishing Defendant is not a person licensed to sell alcoholic beverages or an employee of such a person, and therefore is not excluded under NRS § 41.1305(2).

16. Furnishing Defendant knowingly furnished alcohol to Underage Person [or knowingly allowed underage consumption on controlled premises].

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

6. COUNT II — NEGLIGENCE — ALLOWING UNDERAGE CONSUMPTION

18. Plaintiff incorporates by reference all preceding paragraphs.

19. Furnishing Defendant owed a duty of care to Plaintiff and the general public to prevent underage consumption of alcohol.

20. Furnishing Defendant breached that duty by knowingly furnishing alcohol to or allowing consumption by Underage Person.

21. The breach was a proximate cause of Plaintiff's injuries.

7. ALTERNATIVE THEORIES AGAINST LICENSED VENDORS

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

22. [If applicable: Defendant Establishment owed a duty to maintain safe premises for invitees and to protect against foreseeable harm from intoxicated patrons on the premises.]

7B. Negligent Security:

23. [If applicable: Defendant Establishment had a duty to provide adequate security and to remove or control intoxicated persons who posed a foreseeable risk to other patrons.]

7C. Negligent Entrustment:

24. [If applicable: If the vendor allowed the intoxicated person to drive, a negligent entrustment claim may lie (e.g., valet returning keys to a visibly intoxicated person).]

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 (subject to NRS 42.005 limits) for the knowing and reckless conduct of Furnishing Defendant

(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

COMPLETE VENDOR IMMUNITY:

• NRS § 41.1305(1) grants complete civil immunity to ALL persons (including licensed vendors) who serve persons aged 21+
• No exception for visible intoxication when serving adults
• Hamm v. Carson City Nugget, Inc., 85 Nev. 99, 450 P.2d 358 (1969)

Underage Exception — NON-LICENSEES ONLY:

• NRS § 41.1305(2) creates liability for knowingly furnishing alcohol to underage persons
• This provision EXPRESSLY EXCLUDES licensed vendors and their employees
• Only applies to social hosts and other non-licensee adults

No Common Law Claims:

• Not recognized against alcohol providers

Social Host Liability:

• Only if knowingly furnishing to underage persons or knowingly allowing underage consumption
• No liability for serving adults

Comparative Fault:

• Modified comparative negligence with 51% bar to recovery

Punitive Damages:

• Subject to NRS 42.005 limits (generally 3x compensatory damages or $300,000, whichever is greater)

Statute of Limitations:

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

No Pre-Suit Notice:

• No mandatory pre-suit notice requirement

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. Nevada provides complete immunity for serving alcohol to adults and excludes licensed vendors from underage-liability provisions. An attorney licensed in Nevada should review all filings before submission. Last updated: 2026-04-03.