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Dram Shop Laws in Iowa & What They Mean for Alcohol Vendors

Robert Stahle • June 7, 2018
Dram Shop Laws in Iowa

A dram shop is an establishment, such as a bar or tavern, where alcoholic beverages are sold. Dram shop laws are specific laws that govern over these establishments and their liability should someone become injured due to the actions of an intoxicated patron.

Every state has dram laws. In certain states, like Iowa, dram shop laws allow for an injured person to file a lawsuit against the bar or establishment that served a patron to the point of intoxication which then resulted in behaviors that harmed others.

An example of such a lawsuit is when a person is injured by a drunk driver and chooses to take legal action against the establishment that served the intoxicated driver alcohol before they entered their car.

The Iowa Dram Shop Act

The Iowa Dram Shop Act, found in code section 123.92, outlines that a vendor who has obtained a license or permit to sell alcohol can be held liable for injuries to a person if their sale of alcohol to another person resulted in the harm or injury. This liability to applies to when a vendor serves alcohol to a person who is, or appears to be, intoxicated.

Are Social Hosts Held to the Same Liability Under the Iowa Dram Shop Act?

The fact that vendors of alcoholic beverages can be held liable for personal injury damages raises the question about liability if alcohol is served in a social setting at private residence, or by someone who is not a licensed vendor. For example, if a person hosts a party at their home and serves alcohol, are they held to the same liability laws as a licensed establishment?

In Iowa Code section 123.49, it states that social hosts who provide alcohol cannot be held liable if one of their guests becomes intoxicated and then causes injury to another person due to their intoxication.

Exceptions for Complicity

There are special circumstances that can limit an injured person’s right to damages under the Iowa Dram Shop Act, one of which is complicity.

Complicity refers to a person who encouraged or participated at their own free will in the drinking that led to the intoxication of the person who caused injury. For example, there are two men drinking together at the bar. Over the course of the evening, they buy each other drinks. At some point, a heated argument between them takes place and one of them throws a glass bottle that hits the other one in the head, causing injuries.

If any other patron were hit by the bottle, they could attempt to recover damages from the establishment. However, since the injured party participated in the acts that led to intoxication, and even bought the other person drinks, he would be considered complicit, and therefore his claim would be barred.

Know Your Rights

As a licensed vendor of alcoholic beverages or even as a social host, you have an incredible responsibility on your shoulders. When someone is injured by an intoxicated individual, they’re looking for answers and compensation, and they’ll naturally turn to you. We have experience working with the Iowa Dram Shop Act and know how to protect the assets and reputation of your business or home. Contact Fitch & Stahle Law Offices for a free consultation.

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What to Do After a Drunk Driving Accident in Nebraska or Iowa Being hit by a drunk driver is traumatic, confusing, and often life-altering. In the aftermath, you may be overwhelmed by medical bills, vehicle damage, missed work, and pain that doesn’t go away. On top of all that, you’re probably wondering: What are my legal rights? At Fitch & Stahle Law Firm in South Sioux City, Nebraska , we help victims of drunk driving accidents across Nebraska and Iowa understand their rights, protect their claims, and pursue the compensation they deserve. This post explains what you’re entitled to after a DUI-related crash—and what steps you should take to protect yourself. Drunk Driving Victims Have the Right to Compensation If you were injured by someone driving under the influence of alcohol or drugs, you have the legal right to seek compensation through a personal injury claim . These claims are separate from any criminal charges the drunk driver may face. In a civil claim, the goal is not to punish the offender (that’s the court’s job)—it's to recover financial damages for the harm you’ve suffered , including: Emergency medical care Long-term treatment and rehabilitation Lost income and loss of earning potential Pain and suffering Mental and emotional distress Property damage Punitive damages (in extreme DUI cases) At Fitch & Stahle , our job is to make sure you get every dollar you’re entitled to—while the at-fault party is held accountable for their reckless actions. Nebraska and Iowa Laws That Protect Drunk Driving Victims Every state handles DUI-related personal injury claims differently. Because Fitch & Stahle Law Firm is licensed in both Nebraska and Iowa , we’re uniquely qualified to navigate the laws in both jurisdictions. Here are some key legal protections available in each state: Nebraska: Dram Shop Liability : If a bar, restaurant, or alcohol-serving establishment over-served the intoxicated driver, you may be able to sue that establishment under Nebraska’s dram shop law. Comparative Negligence Rule : Nebraska follows a modified comparative negligence rule. You can still recover damages if you were less than 50% at fault for the accident. Statute of Limitations : You generally have four years to file a personal injury claim in Nebraska, but acting sooner improves your chances. Iowa: Dram Shop Law : Iowa’s dram shop law also allows claims against alcohol vendors who sell to an intoxicated person that causes an accident. These claims have special notice requirements. Modified Comparative Fault : You can recover damages in Iowa as long as you are not more than 50% at fault. Statute of Limitations : In Iowa, you typically have two years from the date of injury to file a lawsuit. Understanding which laws apply—and how to use them to your advantage—requires a legal team with experience in both states. That’s why Fitch & Stahle Law Firm is the trusted choice in Siouxland . What to Do Immediately After a Drunk Driving Crash The steps you take right after a crash can make or break your case. Here's what you should do: ✅ Call 911 and get medical help Always prioritize safety. Even if you feel okay, some injuries (like brain trauma or internal bleeding) don’t show symptoms right away. ✅ Document everything Take photos of the crash scene, vehicle damage, your injuries, skid marks, and road signs. Get names and contact info of witnesses. ✅ Get the police report A police report stating the other driver was intoxicated is critical to your claim. Ask the responding officer for details about any breathalyzer or field sobriety tests. ✅ Avoid talking to insurance companies alone Insurance adjusters may seem friendly, but they are trained to protect the company—not you. Don’t give recorded statements or accept offers without legal guidance. ✅ Contact a personal injury lawyer The sooner you speak to a lawyer, the better. At Fitch & Stahle , we offer free consultations and handle every step of your claim—from gathering evidence to negotiating with insurers and going to court if needed. Common Injuries in Drunk Driving Crashes Drunk driving accidents often involve high speeds, poor judgment, and failure to brake—all of which increase the severity of injuries. We commonly represent clients suffering from: Traumatic brain injuries (TBI) Spinal cord injuries and paralysis Broken bones and fractures Internal bleeding and organ damage Facial disfigurement and scarring Emotional trauma and PTSD These aren’t just short-term problems. They can impact your career, relationships, and overall quality of life for years to come. That’s why it’s so important to have an attorney who fights for the long-term value of your claim —not just a quick settlement. Why Choose Fitch & Stahle Law Firm? Here’s what makes us different: ✅ We’re local —Based in South Sioux City and serving all of Siouxland ✅ We’re licensed in Nebraska and Iowa ✅ We’ve handled hundreds of personal injury claims ✅ You pay nothing unless we win ✅ We offer compassionate, one-on-one attention When you hire Fitch & Stahle , you're not just another case file—you’re a neighbor, and we take your recovery personally. Get the Legal Support You Deserve Today Drunk driving is a serious offense with serious consequences. If you or a loved one has been injured in a DUI crash in South Sioux City, Sioux City , or anywhere in the Tri-State area , don’t wait to assert your rights. 📍 Visit our office in South Sioux City, NE 📞 Call us at 402-494-3012 💻 Schedule your free consultation at fitch-stahlelaw.com Let us take the legal burden off your shoulders while you focus on healing. Fitch & Stahle Law Firm is here to fight for you.