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Frequently Asked Questions
Nebraska Liquor Control Commission
301 Centennial Mall South
1st Floor PO Box 95046
Lincoln, , NE 68509
Phone: 402-471-2571
URL: https://lcc.nebraska.gov
NE Legal Age to Consume: 21
NE Legal Age to Serve: 18
NE Legal Age to Pour: 21 Our course MEETS state alcohol seller/server training requirements.
Additional Info: Nebraska's Dram Shop Law differs from some other states in that it focuses on intoxicated minors rather than intoxicated adults in general. Here's a breakdown of the key points:
* **Limited Seller Liability:** Nebraska Revised Statutes Section 53-404 outlines Dram Shop liability in Nebraska. This law allows lawsuits against certain parties who provide alcohol to someone under 21 years old, and this minor then causes harm due to intoxication:
* **Retailers:** Retailers who sell alcoholic beverages to someone under 21 can be held liable if the minor gets intoxicated and causes harm.
* **Social Hosts:** Social hosts who provide alcohol to someone under 21 at a private gathering can also be liable under this statute. There's no general social host liability for adults, but providing alcohol to minors is a specific situation where they can be sued.
* **Those Who Procure Alcohol:** Anyone who knowingly procures alcohol for a minor (such as buying it for them or giving them money to buy it) can be held liable if the minor gets intoxicated and causes harm.
**Important to Note:**
* This means that lawsuits against vendors based solely on serving alcohol to an intoxicated adult (over 21) are generally not possible under Nebraska's Dram Shop Law.
* The focus is on preventing underage drinking and the harm it can cause.
**Exceptions for Adults:**
There might be other legal avenues to pursue depending on the specific circumstances, but they wouldn't fall under a Dram Shop Law framework. These exceptions for adults could include:
* **Gross Negligence:** In rare cases, a vendor's actions might be considered grossly negligent. This could involve serving excessive amounts of alcohol to someone who is already obviously intoxicated, or encouraging them to drink more. However, proving gross negligence can be challenging.
**Social Host Liability:**
* As mentioned above, Nebraska's Dram Shop Law specifically allows lawsuits against social hosts who provide alcohol to minors. There is no such liability for providing alcohol to adults of legal drinking age at gatherings.
**Importance of Consulting an Attorney:**
* If you believe an establishment or social host might be liable for serving alcohol to a minor who caused harm while intoxicated, consulting with an attorney specializing in personal injury is recommended.
* They can assess the specific circumstances of your situation in Nebraska and advise you on potential legal options, considering the limitations of the Dram Shop Law and possible exceptions.
Here are some resources for further information:
* Nebraska Revised Statutes Section 53-404: [invalid URL removed]
* Understanding Dram Shop Laws in Nebraska: [invalid URL removed]