What is a bar owner’s liability if theyinstall a breathalyzer for entertainment purposes only but a patronuses it to determine their intoxication level and whether they are able to drive?

I own and operate a bar and was considering placing a breathalyzer vending machine in my establishment. If I were to attach multiple signs to/near the said vending machine that state, “This machine is for novelty purposes only and is in no way, shape, or form and accurate estimate of one’s own alcohol levels”. W would this clear me of any personal liability should a customer use the said machine, choose to drive, and injure themselves/others?

Asked on October 8, 2011 under Personal Injury, Nevada

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If Nevada has a dram shop act, you would still be held liable if you served alcohol to obviously intoxicated individuals who are too impaired to drive. As to the breathalyzer, you cannot disclaim away liability in this fashion and the intoxicated or buzzed individual who goes to take it a) may not read the disclaimer and b) may be too impaired to understand this is for fun only. The best thing to do is to discuss the matter with your local state attorney general and the alcohol licensing bureau in your state/county. Speak to them about the liabilities if they know of any and what you can do to provide a service without incurring liability.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.