The Dangers of Over-Serving Alcohol in Las Vegas: What Tourists Need to Know

Las Vegas, with its countless bars, nightclubs, and 24-hour casinos, makes it easy for visitors to get swept up in all the excitement. Especially since Nevada does not have traditional Dram shop laws like other states, the lines of liability become a bit murky on over-serving alcohol. In this article, we will explore the dangers of over-serving alcohol in Las Vegas, laws and regulations. Plus what legal avenues to pursue and prove your case. 

The Culture of Drinking in Las Vegas

From the moment you step off the plane, you’re greeted with advertisements for drinks, happy hours, and nightclub events. The culture here encourages indulgence, with many establishments offering free drinks to casino guests or all-you-can-drink specials.

However, this culture of excess can easily lead to over-consumption. The combination of alcohol’s effects, the fast-paced environment, and the thrill of the city can impair judgment and lead to dangerous situations.

What are Nevada’s Dram Shop Laws?

Dram shop laws govern the liability of bars, restaurants, and other establishments that serve alcohol. Many states have such laws to hold these businesses accountable if they serve alcohol to a visibly intoxicated person who later causes injury or harm. However, Nevada is unique in this regard.

No Dram Shop Law in Nevada

Nevada does not have a traditional dram shop law, meaning bars and establishments are generally not held liable for damages caused by someone they served alcohol to, even if that person was clearly intoxicated. In Las Vegas, this rule applies not only to bars but also to restaurants, nightclubs, and casinos that serve alcohol. Under Nevada Revised Statutes (NRS) 41.1305, businesses that serve alcohol are protected from being sued if their patrons cause injury or damage after leaving the premises.

However, there are exceptions to this rule. If a bar knowingly serves alcohol to a minor or someone under the legal drinking age, the bar may be held responsible for any resulting damages. Even though the general rule in Nevada shields bars from liability, this specific scenario opens up a path for legal action.

When Can You Sue an Establishment in Las Vegas for Over-Serving Alcohol?

Although Nevada’s dram shop protections are broad, there are still limited circumstances under which you may have grounds to sue, whether it be a bar, casino or any legal establishment for over-serving alcohol. Let’s explore these scenarios:

1. Serving Alcohol to Minors

One of the few exceptions to Nevada’s rule of non-liability for alcohol-related harm involves the sale or provision of alcohol to minors. If a bar or establishment knowingly serves alcohol to a person under 21 and that person causes injury, the victim of the incident may be able to file a lawsuit against the bar.

2. Bar Negligence Leading to Physical Injury

Another potential avenue for legal action is if the bar’s negligence directly results in an injury. For instance, if an intoxicated person becomes injured while on the premises due to unsafe conditions or negligent staff behavior, the bar may be held liable for the injury. This might include dangerous falls or fights that occur because the staff failed to maintain a safe environment.

3. Negligent Security or Bouncer Misconduct

Bars are responsible for maintaining a reasonably safe environment for their patrons. If negligent security measures or bouncer misconduct leads to an injury, you may have grounds for a lawsuit. For example, if a bar’s security fails to intervene during a dangerous situation involving an intoxicated patron, or a bouncer uses excessive force, the establishment may be held accountable for any resulting injuries.

Proving a Case Against a Bar in Las Vegas

If you believe you have a valid claim against a bar or casino for over-serving you or someone else, you need to understand what must be proven in court. While Nevada law limits the circumstances under which you can sue, you will need to establish certain elements to succeed in your case.

1. Duty of Care

You must first prove that the bar had a duty of care to ensure your safety or the safety of others. This could include providing adequate security or ensuring a safe environment on the premises. In cases where a bar serves alcohol to a minor, the duty of care is more apparent.

2. Breach of Duty

Next, you must demonstrate that the bar breached its duty of care by over-serving alcohol or failing to maintain a safe environment. For example, if the staff continued to serve a visibly intoxicated patron who later caused harm, this could be considered a breach of duty.

3. Causation

You must then show that the bar’s breach of duty directly caused your injuries or the injuries of someone else. If the harm was caused by a third party and is not linked to the bar’s actions, it may be difficult to establish this element.

4. Damages

Finally, you must prove that you suffered actual damages as a result of the bar’s actions. Damages may include physical injuries, medical bills, emotional distress, or property damage.

How to Protect Yourself from Over-Serving

As a tourist in Las Vegas, there are several steps you can take to protect yourself from the dangers of over-serving alcohol.

1. Know your limits: Know how much alcohol you can safely consume and stick to it. If you’re unsure, it’s better to err on the side of caution.
2. Stay hydrated: The desert climate of Las Vegas can lead to dehydration, which increases the effects of alcohol. Make sure to drink plenty of water throughout the day and between alcoholic drinks.
3. Eat before drinking: Consuming food before or while drinking can slow the absorption of alcohol into your bloodstream, helping you maintain control.
4. Take breaks: Pace yourself by taking breaks between drinks. This will give your body time to process the alcohol and help you avoid becoming too intoxicated too quickly.
5. Use a designated driver: If you plan on drinking, make sure you have a designated driver or use ride-sharing services to get back to your hotel safely.
6. Watch your drink: Never leave your drink unattended or accept drinks from strangers. Unfortunately, drink spiking is a risk in any nightlife scene, and Las Vegas is no exception.

What to Do If You’ve Been Over-Served

If you find yourself in a situation where you’ve had too much to drink, it’s important to take action to protect your health and avoid legal trouble.

1. Get to a safe place: If you’re feeling unwell, find a quiet place where you can sit or lie down. Avoid trying to “sleep it off” in public areas, as this can lead to arrest for public intoxication.
2. Seek medical attention: If you or someone you’re with shows signs of alcohol poisoning, call 911 immediately. Time is of the essence in these situations, and it’s better to be safe than sorry.
3. Avoid driving: Never attempt to drive if you’ve been drinking. Instead, call a cab, use a ride-sharing app, or ask a sober friend for a ride.
4. Stay with a friend: If possible, stay with a friend or companion who can help monitor your condition and also make sure you get home safely.

Justice Is Better Served Over Ice: Call West Coast Trial Lawyers for Legal Help

While Nevada’s laws make it challenging to sue a bar or any alcohol serving establishment for over-serving alcohol, there are exceptions that could allow you to seek compensation. If you believe you have a valid claim, we highly advise you to gather evidence and seek legal advice immediately. 

At West Coast Trial Lawyers, our skilled personal injury attorneys focus on cases where individuals have been harmed due to over-serving of alcohol. Contact us at 213-927-3700 for a free consultation with an experienced attorney and let us help you obtain the compensation you deserve.