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Over Served Alcohol – Do You Have a Case Against That Establishment?

Robert Stahle • May 12, 2020
Three bottles of whiskey are lined up on a bar counter.

As an alcohol-serving establishment, bars, restaurants, and liquor stores are vulnerable to the legal risks of over-serving their customers. Dram shop laws are state laws that impose a liability on the sellers of alcoholic beverages for the negligent acts of their intoxicated customers. These laws also cover establishments who over-serve intoxicated customers or sell alcohol to minors.

At Fitch & Stahle Law Office , our team of Siouxland attorneys is well-equipped to handle dram shop cases in both Iowa and Nebraska. Here is what you need to know about dram shop laws.

What Are Dram Shop Laws?

In legal parlance, the term “dram shop” is used to describe a bar, tavern, restaurant, or other establishment that serves alcoholic beverages. “Dram” is an old-fashioned term that refers to a liquid unit of measurement. A dram shop law is a law that governs commercial establishments that sell and serve alcoholic beverages to minors or to people who are physically intoxicated, who go on to cause physical injury or death to others (third parties). They allow the harmed third parties to file a lawsuit against both the restaurant and the server who sells alcohol to the minor or intoxicated individual.

First-Party Dram Shop Cases

There are two specific types of dram shop cases, first-party and third-party cases. First-party dram shop cases occur when the person who consumed too much alcohol prosecutes the bartender or establishment who served them to receive compensation for injuries or damage they caused while under the influence. However, some states do not allow for prosecution in first-party dram shop cases because the presumption is that individuals should be responsible for how much alcohol they consume. First-party dram shop cases are difficult to win because it is hard to convince a jury that they should give an adult money when they got injured while under the influence.

Third Party Dram Shop Cases

Third-party dram shop cases occur when the intoxicated person injures or kills someone else. An example of this would be if a visibly-intoxicated person drinking in a bar continues to be served alcohol and later gets in a car accident after attempting to drive. In this case, the third party injured in the accident can sue the establishment for damages. In order to win a third-party dram shop case, the third party must prove that the bartender or establishment sold or gave alcohol to the person, demonstrate a relationship between the person’s level of intoxication and their use of the alcohol that was sold to them, and provide signs of recklessness on the part of the bartender or establishment.

Siouxland Dram Shop Attorney

If you’re looking for a DUI defense attorney to prosecute your dram shop case, turn to the professionals at Fitch & Stahle Law Office. We specialize in providing criminal defense and personal injury law to people all over the Siouxland area and know the ins and outs of dram shop laws in both Nebraska and Iowa.

To learn more about dram shop laws, contact our attorneys at (402) 494-3012.

By Robert Stahle July 28, 2025
Including Dram Shop Liability
By Robert Stahle July 16, 2025
How a Sioux City Personal Injury Attorney Can Help You Seek Justice Each year, drunk driving crashes leave thousands injured or killed—causing devastating emotional, physical, and financial consequences. Despite strict DUI laws and public awareness campaigns, impaired drivers continue to pose a serious threat across Iowa, Nebraska, and the country. For victims, the aftermath of a drunk driving accident is more than just painful—it can be life-altering. At Fitch & Stahle Law Firm , we fight to hold negligent drivers (and sometimes even the businesses that served them) accountable under the law. If you’ve been hurt in a crash involving a drunk driver, we’ll explain your legal options, including how Nebraska’s Dram Shop law may play a role in your case. Why File a Drunk Driving Lawsuit? Driving under the influence of alcohol or drugs is not just illegal—it’s a reckless act that endangers everyone on the road. When a driver chooses to get behind the wheel impaired, they can (and should) be held civilly liable for the damage they cause. While a criminal DUI case focuses on punishing the offender, a civil personal injury lawsuit is about helping you rebuild. It allows you to pursue compensation for: Medical expenses (past and future) Lost wages and diminished earning capacity Pain and suffering Emotional trauma Property damage Rehabilitation costs Punitive damages (in cases of extreme recklessness) Nebraska’s Dram Shop Law: Holding Alcohol Providers Accountable Under Nebraska’s Dram Shop Law , victims of drunk driving accidents may also be able to file a lawsuit against the business or establishment that overserved the intoxicated driver. Here’s how it works: A licensed alcohol vendor (such as a bar, restaurant, or event venue) can be held liable if they served alcohol to a visibly intoxicated person or a minor , and that person later caused injury or death. Nebraska law limits these claims to commercial sellers of alcohol—not social hosts. A dram shop claim can help recover damages if the drunk driver lacks adequate insurance or personal assets. This area of law is complex, and not all attorneys are familiar with how to navigate the strict requirements and timelines involved in dram shop litigation. That’s why working with a firm like Fitch & Stahle , which handles cases in both Nebraska and Iowa , is crucial. What Needs to Be Proven in a Drunk Driving Case? To recover damages in a drunk driving lawsuit, your legal team must prove the following: Duty of care – The driver had a legal responsibility to drive safely. Breach of duty – That responsibility was violated by driving impaired. Causation – The impairment directly led to the accident and your injuries. Damages – You experienced real harm—such as medical costs, lost income, or emotional distress. In dram shop cases, your lawyer will also need to demonstrate that the bar or establishment served a visibly intoxicated individual who went on to cause the crash. Why You Need a DUI Injury Lawyer in Nebraska or Iowa Drunk driving cases are rarely straightforward—especially when multiple parties may share liability. Insurance companies will often try to minimize payouts, shift blame, or dispute your injuries altogether. At Fitch & Stahle Law Firm , we will: Preserve key evidence such as police reports, BAC results, surveillance video, and eyewitness accounts Analyze potential dram shop liability Work with medical and accident reconstruction experts to build your case Identify all available sources of compensation Aggressively negotiate with insurance companies—or take your case to trial if needed Our team has deep experience with Nebraska’s unique dram shop provisions and Iowa’s liability standards. We understand what it takes to hold all negligent parties accountable. What Damages Can You Recover? Depending on the specifics of your case, compensation may include: Economic damages : Medical bills, lost income, future treatment costs, property loss Non-economic damages : Pain, suffering, mental anguish, loss of companionship Punitive damages : Intended to punish especially reckless conduct—like drunk driving In cases where dram shop liability applies, these claims can be especially valuable when the at-fault driver is underinsured or has no assets. Time Is Critical – Act Now In Nebraska, the statute of limitations for personal injury and dram shop lawsuits is typically four years , but specific timelines may apply depending on the facts of your case. Evidence like surveillance footage and eyewitness memories can fade fast—so it’s essential to speak with an attorney right away. Get Help from a Sioux City Personal Injury Attorney Who Understands Nebraska Dram Shop Law If you or a loved one has been injured by a drunk driver—especially one who may have been overserved at a Nebraska bar or restaurant—you have the right to seek full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients across Sioux City , Iowa , and Nebraska recover after devastating crashes. We’ll handle the legal details so you can focus on healing. Call us today for a free consultation — and let’s start fighting for the justice you deserve.