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Dram Shop Laws Explained

Robert Stahle • July 9, 2021
A neon sign that says bar is lit up in a window.

When an intoxicated person who was over-served at a bar or restaurant goes on to cause an injury, who is liable? Does the establishment hold any responsibility? Questions such as these are answered in what is known as dram shop laws. Both Iowa and Nebraska have dram shop laws in place that allow an injured person to seek damages against the person or business that provided the alcohol.

Here at Fitch and Stahle Law Office, our team of attorneys specializes in wrongful death cases , including those that fall under the smaller purview of dram shop laws. Here is what you need to know about the law.

What is Dram Shop Liability?

The first thing you’re likely asking is, what exactly is a dram? A dram is a small unit of measurement that bars and restaurants used to sell alcohol. Though that term is not used much anymore, the term dram shop law is still in effect. Dram shop liability refers to the civil liability that can be imposed against a bar or tavern. It may also extend to other establishments that sell alcohol, such as restaurants or clubs. In places with dram shop laws, the establishments may be held liable for civil damages if they provided alcohol to a customer who later got into an accident and harmed someone else.

Nebraska Dram Shop Laws

The dram shop law in Nebraska, as outlined in Nebraska Revised Statutes section 53-404, states that “any person who sustains injury or property damage, or the estate of any person killed, as a proximate result of the negligence of an intoxicated minor shall have, in addition to any other cause of action available in tort, a cause of action against:

A social host who allowed the minor to consume alcoholic liquor in the social host’s home or on property under his or her control

Any person who procured alcoholic liquor for the minor

Any retailer who sold alcoholic liquor to minors.

Iowa Dram Shop Laws

The dram shop laws in Iowa are slightly different. While in Nebraska, the establishment is only liable if a minor is involved in an alcohol-related accident, Iowa law states that an alcohol vendor can be held liable for the damages or injuries caused by an intoxicated person if the vendor sold alcohol to the patron while the patron was “visibly intoxicated.” Note that the Iowa dram shop applies to everybody who was over-served alcohol, not just minors.

An Example of Dram Shop Law

The following is a situation where dram shop laws would come into play. Suppose that Dan stops into a bar for a few drinks. The bartender, David, notices that Dan is becoming intoxicated after a succession of drinks, but David continues to serve Dan anyway. After a few drinks, Dan heads for the exit but knocks over Donna on the way, injuring her. Donna can bring a dram shop claim against both Dan and the bar in the state of Iowa.

Siouxland Dram Shop Defense

For more information about dram shop laws or to file a wrongful death claim, contact the professionals at Fitch & Stahle Law Office at (404) 494-3012.

By Robert Stahle September 19, 2025
If you’ve been hurt in an accident due to someone else’s negligence, the idea of filing a personal injury claim can feel overwhelming. Between insurance companies, legal documents, medical bills, and emotional stress, you may not know where to begin—or what your rights are. At Fitch & Stahle Law Firm , we’ve helped countless injury victims across Nebraska and Iowa navigate the personal injury claims process with confidence. Whether you were hurt in a car crash, a slip and fall, or a workplace accident, our job is to take the burden off your shoulders so you can focus on healing. In this post, we’ll walk you through each step of a typical personal injury claim, explain the timeline, and show you how working with a local law firm can make all the difference. Step 1: Medical Treatment and Documentation The first and most important step is always your health. After any accident, seek medical attention immediately , even if your injuries seem minor. Not only is this essential for your well-being, but it also creates a medical record that links your injuries to the accident—something insurance companies will look for later. Your medical documents will form the foundation of your case, including: Emergency room records Imaging (X-rays, MRIs) Doctor’s notes and treatment plans Prescription medications Physical therapy reports At Fitch & Stahle , we work closely with your medical providers to make sure your injuries are thoroughly documented and that future medical needs are included in your claim. Step 2: Consultation with a Personal Injury Attorney Once your immediate medical needs are addressed, your next step should be to consult a personal injury lawyer —especially before speaking with insurance adjusters. When you contact Fitch & Stahle Law Firm , we’ll offer a free consultation where we: Review the details of your accident Evaluate the strength of your claim Estimate your potential compensation Explain the legal process in plain language There’s no pressure, and no fee unless we win your case. Our goal is to help you make an informed decision about your next steps. Step 3: Investigation and Evidence Gathering If you decide to move forward, we’ll begin building your case immediately. This involves a thorough investigation to gather all the facts, such as: Police or incident reports Witness statements Photos or video footage Expert opinions (accident reconstruction, medical, etc.) Vehicle or property damage estimates In Nebraska and Iowa, comparative negligence laws mean that your share of fault can affect how much you recover. That’s why it’s critical to build strong, clear evidence that supports your claim and minimizes any allegations of shared blame. Step 4: Demand Letter and Settlement Negotiations Once we’ve compiled all the necessary documentation and calculated your total damages (including future expenses), we’ll send a formal demand letter to the at-fault party’s insurance company. This letter outlines: What happened Why their client is at fault A full accounting of your damages A proposed settlement amount In many cases, this starts a negotiation process. Insurance companies often counter with a lower offer, but we are aggressive negotiators who know the true value of your case. We’ll fight to get you the best possible settlement—and advise you on whether it’s in your best interest to accept or proceed to trial. Step 5: Filing a Lawsuit (If Necessary) If the insurance company refuses to offer a fair settlement, we won’t hesitate to file a personal injury lawsuit in the appropriate court—whether in Dakota County, Nebraska , Woodbury County, Iowa , or elsewhere in the Siouxland area. Filing a lawsuit doesn’t necessarily mean your case will go to trial. Many cases settle during pre-trial stages such as: Discovery – Both sides exchange evidence and take depositions Motions – Legal arguments to resolve or limit aspects of the case Mediation – A neutral third party helps negotiate a settlement Still, we prepare every case as if it will go to court. That level of preparation often results in better settlements and ensures we’re ready to present a compelling case to a judge or jury if needed. Step 6: Trial (When Required) If a trial becomes necessary, Fitch & Stahle Law Firm will be by your side every step of the way. We have extensive courtroom experience and are well-known in local courts across Nebraska and Iowa . At trial, we’ll present your case using: Eyewitness and expert testimony Medical and financial records Visual evidence like diagrams, photos, or video Opening and closing arguments that clearly outline your suffering and loss While most personal injury cases settle out of court, we’re always prepared to litigate aggressively when justice requires it. How Long Does a Personal Injury Claim Take? Every case is different, but here’s a general timeline: Medical treatment and recovery : 2 weeks to 6 months Investigation and preparation : 1 to 2 months Demand and negotiations : 1 to 3 months Filing a lawsuit (if needed): Adds 6–12 months or more The statute of limitations for filing a personal injury claim is: 4 years in Nebraska 2 years in Iowa However, acting early improves your chances of a successful outcome. Why Work With Fitch & Stahle? ✅ Local Representation – Based in South Sioux City, we know the courts, insurers, and judges in your area. ✅ Licensed in Nebraska & Iowa – We’re ready to represent you on both sides of the river. ✅ No Fee Unless You Win – You have nothing to lose by reaching out. ✅ Personalized Legal Care – We listen, we explain, and we put your needs first. When you work with Fitch & Stahle Law Firm , you’re more than just a case—you’re a neighbor, a community member, and a person we’re proud to fight for. Start Your Claim Today If you’ve been injured in an accident in South Sioux City , Sioux City , or anywhere in the Tri-State area , let us help you navigate the legal process with confidence. 📞 Call now for a free consultation: (402) 494-3012 🌐 Visit us online at fitch-stahlelaw.com
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What You Need to Know