Strategies, Challenges, and Answers

The Walls Of Nevada’s Dram Shop Wonderland Castle Withstand Assault

In our previous blog post, Dram Shop Wonderland, we addressed attempts that have been made over the years by Nevada lawyers to impose liability on bar, tavern and hotel owners for injuries and damages caused by their inebriated guests.  We noted that despite compelling circumstances, the courts have not imposed liability.  The court’s argument has been that if dram shop liability is to be imposed, it must be done by the Nevada legislature.It has been 13 years since the last attempt to … [Read more...]

Res Ipsa Loquitur And Comparative Fault

If there is insufficient evidence to prove a conventional case of negligence, creative Plaintiff’s attorneys will search around for an alternative theory of liability under which their client can recover.  One of those alternative theories is res ipsa loquitur.  Res ipsa loquitur is a Latin phrase that means “the thing speaks for itself”.  In a res ipsa loquitur case, the plaintiff’s attorney might argue that if it looks like negligence and feels like negligence, it must be negligence.  The … [Read more...]

Dram Shop Wonderland

Once upon a time in a land far, far away the courts refused to legislate from the bench.  That place was called Dram Shop Wonderland.  The story goes like this:In that day, there were dram shop owners and innkeepers who served their guests beverages known to cause inebriation.  The guests would leave the place in a less than sober state and caused mischief in the town, including damage and injury.  The victims of the mischief made appeals to the courts and the courts ordered the guests … [Read more...]