Dram Shop Liability in Nebraska
State-specific overview · Tort Law
Nebraska imposes dram shop liability on establishments that serve alcohol to visibly intoxicated persons who subsequently injure third parties.
How Nebraska treats Dram Shop Liability
Nebraska law holds bars and liquor stores liable when they serve alcohol to someone the server knew or should have known was visibly intoxicated, and that person then causes injury or property damage. The injured party must prove the establishment's negligence in serving the intoxicated person. Nebraska does not extend dram shop liability to social hosts serving alcohol in non-commercial settings.
The general definition of Dram Shop Liability
Legal responsibility of bars or stores for harm caused by serving alcohol to intoxicated people.
Dram shop liability holds businesses that sell alcohol accountable when they serve drinks to someone who is already drunk or visibly intoxicated, and that person then causes injury or damage to others. The law recognizes that the bar or store had a duty to refuse service in these situations. If they fail to do so and the customer harms someone—say, by driving drunk—the business can be sued for those damages. The idea is to discourage over-serving and create an incentive for responsible alcohol service.
Read the full Dram Shop Liability entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Nebraska.