BLOG

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 August 8, 2025
How Fitch & Stahle Law Firm Fights for Justice in Nebraska and Iowa
By Robert Stahle July 30, 2025
Being injured by a drunk driver is one of the most devastating experiences a person can endure. What makes these accidents so tragic is that they are entirely preventable. When someone chooses to drive under the influence of alcohol or drugs, they put everyone else on the road at risk. The consequences for victims can include serious injuries, emotional trauma, and overwhelming financial burdens. If you or a loved one has been hurt in a crash caused by an impaired driver, you deserve justice—and you deserve full compensation for your losses. At Fitch & Stahle Law Firm, our experienced Sioux City drunk driving lawyers are committed to helping victims pursue fair settlements and hold negligent drivers accountable. In this guide, we’ll explain how DUI injury lawsuits work in Iowa and Nebraska, what compensation you may be entitled to, and why hiring a personal injury attorney is essential. What Makes Drunk Driving Accidents Different? Unlike other types of car accidents, drunk driving crashes often involve clear evidence of negligence. Driving with a blood alcohol concentration (BAC) over the legal limit is illegal in both Iowa and Nebraska. When an impaired driver causes a collision, their violation of the law can strengthen your civil case for damages. However, drunk driving accident claims are not always simple. Insurance companies may still try to limit their liability by disputing your injuries, suggesting you were partially at fault, or offering a settlement that doesn’t cover the full extent of your losses. That’s why it’s critical to work with a knowledgeable DUI injury lawyer who understands how to build a strong case and negotiate effectively on your behalf. Your Rights as a Victim of a Drunk Driver If you’ve been injured by a drunk driver in Iowa or Nebraska, you have the right to file a civil lawsuit seeking compensation. While the state may pursue a criminal DUI case against the driver, that case is focused on punishing the offender—not compensating the victim. A drunk driving lawsuit is your opportunity to recover the financial support you need to cover medical expenses, lost wages, pain and suffering, and more. Types of Compensation Available in DUI Injury Lawsuits Victims of drunk driving crashes can seek a variety of damages in a personal injury lawsuit: · Medical expenses: This includes emergency treatment, hospitalization, surgeries, physical therapy, medications, and any future medical care you may require. · Lost income: If your injuries prevent you from working, you may be entitled to recover lost wages, as well as compensation for reduced earning capacity in the future. · Pain and suffering: Drunk driving accidents often cause significant physical pain and emotional distress, for which you can seek compensation. · Property damage: You can recover the cost of repairing or replacing your vehicle and other damaged property. · Punitive damages: In cases of extreme negligence, such as drunk driving, courts may award punitive damages to punish the offender and deter similar conduct by others. Our team at Fitch & Stahle Law Firm carefully evaluates each client’s case to ensure all potential damages are included in the claim. Can Bars or Restaurants Be Held Liable? In some cases, the drunk driver isn’t the only party responsible for the accident. Under dram shop laws in Iowa and Nebraska, a business that serves alcohol to a visibly intoxicated person or a minor may be held liable if that individual causes an accident. This additional source of compensation can be vital in cases where the drunk driver lacks sufficient insurance coverage. Our attorneys investigate every angle of your case to identify all possible sources of recovery, including dram shop liability and uninsured/underinsured motorist coverage. The Role of a Personal Injury Attorney in Drunk Driving Lawsuits Hiring a skilled Sioux City personal injury attorney is one of the most important steps you can take after a drunk driving crash. Your lawyer will: · Investigate the accident thoroughly, gathering police reports, BAC test results, medical records, witness statements, and other evidence to prove liability. · Work with medical professionals to document the full extent of your injuries and estimate future treatment costs. · Calculate all damages to ensure no loss is overlooked. · Negotiate aggressively with insurance companies to pursue a fair settlement. · Prepare your case for trial if necessary to achieve the best possible outcome. At Fitch & Stahle, we have extensive experience handling DUI injury cases, and we are committed to protecting your rights at every stage of the legal process. Why Act Quickly After a Drunk Driving Accident? Time is critical after a DUI-related crash. Both Iowa and Nebraska have statutes of limitations that restrict how long you have to file a personal injury lawsuit. If you miss these deadlines, you could lose your right to compensation. Additionally, evidence can disappear quickly. Surveillance footage may be erased, witnesses’ memories may fade, and physical evidence at the scene may be lost. The sooner you contact a lawyer, the better your chances of building a strong case. Schedule a Free Consultation with Fitch & Stahle Law Firm If you or someone you love has been injured by a drunk driver in Iowa or Nebraska, don’t try to navigate the legal process alone. Let the experienced team at Fitch & Stahle Law Firm help you pursue justice and recover the compensation you deserve. Our Sioux City drunk driving lawyers are here to guide you through every step—from filing your claim to negotiating with insurers to representing you in court if needed. Call us today for a free consultation. We proudly serve clients in Sioux City, throughout Iowa, and across Nebraska.