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Snyder v. Viani11/30/1994
her than the purchaser, and used without new tests, then, irrespective of contract, the manufacturer of this thing of danger is under a duty to make it carefully."
Hinegardner, 108 Nev. at 1097, 844 P.2d 804-05 (quoting MacPherson, 111 N.E. at 1053). Moreover, concerning the problems that are of such paramount concern to the majority, I refer again to my dissent in Hinegardner where, quoting from the Colorado Supreme Court in Largo, that court instructed:
" s to the consequences of imposing such a burden upon tavern owners, we reject Largo's claim that civil liability for the negligent sale of alcohol would impose insurmountable proof problems on tavern owners. Whatever problems of proof exist, the plaintiff will
[110 Nev. 1339, Page 1348]
be confronted with the same obstacles in reconstructing the facts, and the plaintiff, not the defendant, will bear the burden of proving a breach of duty."
Hinegardner, 108 Nev. at 1099, 844 P.2d at 806 (quoting Largo, 727 P.2d at 1103). As reflected by the positive response of an overwhelming majority of the common law courts of this nation, there is a compelling need for the judiciary of this state to provide its citizens and the users of its highways with relief from the growing menace of intoxicated drivers. We can realistically look to no other source. This court must recognize the fact that irresponsible and negligent vendors of alcoholic beverages are priming people for roles as drunken drivers who kill and maim the innocent travelers on Nevada's highways. Entire families are wiped out and destroyed by this menace. This court will have only so many opportunities to address the issues raised in the instant case. Each time we fail to act, we assure the proliferation of needless human death and suffering. Since, in my humble opinion, we have far too long perpetuated a condition that cries out for principled remedies, partial though they may be, I am again forced to dissent from the majority's most unfortunate act of judicial forfeiture.
Opinion Footnotes}
1 Furthermore, we have held that knowingly furnishing or selling alcohol to an underage person, even if done more than once, does not constitute "willful or wanton misconduct." See Van Cleave, 97 Nev. at 416, 633 P.2d at 1221. Contrary to Snyder's assertion that her district court action is not based on the violation of any criminal statutes, Snyder's claim of "malice" is grounded, in part, on respondents' alleged "violati state statutes enacted to protect minors." We have previously held that the violation of a criminal statute regarding the sale of alcohol to a minor does not constitute negligence per se. See Hinegardner, 108 Nev. at 1095-96, 844 P.2d at 803; Bell v. Alpha Tau Omega, 98 Nev. 109, 642 P.2d 161 (1982). Such a violation, in and of itself, certainly does not suggest "malice."
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