BLOG
Over Served Alcohol – Do You Have a Case Against That Establishment?
Robert Stahle • May 12, 2020
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.
If you’ve recently been in a car accident, you're likely dealing with more than just vehicle damage. The aftermath of an auto collision can be overwhelming—medical bills, missed work, emotional stress, and constant calls from insurance adjusters. During this time, it’s easy to feel like you’re navigating a maze alone. That’s where a qualified car accident attorney can make a significant difference. At Fitch & Stahle Law Firm, we’re here to explain why hiring an experienced lawyer is one of the most important steps you can take to protect your rights and secure the compensation you deserve. 1. Understanding the Legal Complexity of Car Accidents Car accident claims are rarely as simple as they seem. While the facts may appear straightforward—one car hit another—multiple factors like weather conditions, traffic laws, and vehicle defects can complicate liability. Add in varying state laws, such as comparative negligence rules in Iowa and Nebraska, and the process becomes even more complex. An experienced attorney from Fitch & Stahle understands these legal intricacies. We work to gather evidence, assess liability, and build a strong case that represents your best interests. 2. Insurance Companies Are Not On Your Side After an accident, one of the first calls you'll get is from the insurance company. They may sound helpful, but it’s important to remember they’re looking out for their own bottom line—not yours. Insurance adjusters are trained to minimize payouts. They might offer you a quick settlement, ask misleading questions, or try to get you to admit fault. When you hire an attorney, you shift the balance of power. At Fitch & Stahle, we handle all communication with insurance companies so you don’t have to. We know how to counter lowball offers and negotiate settlements that reflect the full extent of your injuries and losses. 3. Calculating the True Value of Your Claim Many accident victims underestimate the value of their claim, especially when pressured to accept early settlement offers. A fair settlement should cover more than just your car repairs and immediate medical bills. You may be entitled to compensation for: Current and future medical expenses Lost wages and loss of earning capacity Pain and suffering Emotional distress Property damage Permanent disability or disfigurement Our legal team takes a comprehensive approach when calculating your damages. We collaborate with medical professionals, vocational experts, and economists to ensure every aspect of your claim is properly valued. 4. Proving Liability Requires Evidence To receive compensation, you must prove that another party was at fault—and that requires solid evidence. Unfortunately, important documentation can disappear quickly after a crash. Witnesses forget details, accident scenes get cleaned up, and insurance companies may fail to preserve relevant records. At Fitch & Stahle, we act quickly to secure the evidence you need. Our legal team gathers police reports, photographs, surveillance footage, medical records, and witness statements. In complex cases, we may also bring in accident reconstruction specialists to strengthen your claim. 5. Meeting Deadlines and Legal Requirements Every state has a statute of limitations that limits how long you have to file a personal injury lawsuit after a car accident. In Iowa, for example, you typically have two years from the date of the accident to file a claim. Missing this deadline could mean losing your right to compensation altogether. Beyond the statute of limitations, there are other procedural requirements, such as notifying your insurance company or filing certain documents in a specific format. One small mistake could delay or derail your case. When you work with Fitch & Stahle, we ensure every deadline is met and every form is filed correctly, giving your case the best chance at success. 6. You’ll Be Better Prepared if the Case Goes to Court While many car accident cases settle out of court, some do proceed to trial—especially when fault is disputed or damages are significant. Having a lawyer from the beginning means you're prepared for anything. Our attorneys are experienced litigators who are not afraid to take your case to court if that’s what it takes to get justice. We prepare every case as if it will go to trial, which puts us in a stronger negotiating position from day one. 7. Peace of Mind While You Focus on Recovery One of the most overlooked benefits of hiring an attorney is the peace of mind it brings. After an accident, your focus should be on healing—not haggling with insurance companies or navigating complex legal systems. When you hire Fitch & Stahle, we take on the legal burden so you can focus on your recovery. From handling paperwork and phone calls to negotiating settlements and representing you in court, we’ll be your advocate every step of the way. Real Clients. Real Results. At Fitch & Stahle Law Firm, we’ve represented countless car accident victims throughout Sioux City and the surrounding communities. Our proven track record of successful settlements and verdicts speaks to the dedication and skill of our legal team. “After my accident, I didn’t know where to start. Fitch & Stahle took care of everything and made sure I got the compensation I needed to get back on my feet.” – Former Client Contact Fitch & Stahle Law Firm Today The decisions you make after a car accident can impact your life for years to come. Don’t go through it alone. If you’ve been injured in a car accident in Sioux City or anywhere in the tri-state area, contact Fitch & Stahle Law Firm today for a free consultation. We’ll evaluate your case, answer your questions, and help you understand your legal options—at no cost to you unless we win. Fitch & Stahle Law Firm — Fighting for Siouxland’s Injured Since Day One. 📞 Call today or visit fitch-stahlelaw.com to schedule your free consultation.
At Fitch & Stahle Law Firm, we recognize that the aftermath of a car accident is overwhelming. Beyond the physical and emotional stress, navigating the legal process can be confusing. Understanding what to expect and how to proceed can make a significant difference in your case. The Steps of a Car Accident Claim 1. Filing a Police Report: This is essential for documenting the accident and establishing key details. 2. Seeking Medical Attention: Even if you don’t feel injured immediately, a medical examination is crucial. 3. Gathering Evidence: Collect photos, witness statements, and other documentation that can support your claim. 4. Consulting an Attorney: Speaking with an experienced car accident lawyer ensures your rights are protected from the start. 5. Negotiating with Insurance Companies: Your attorney will handle discussions to secure a fair settlement. 6. Filing a Lawsuit if Necessary: If negotiations fail, your lawyer may recommend pursuing legal action in court. Understanding these steps can help you prepare and avoid common pitfalls. Contact Fitch & Stahle today to discuss your case. 2. Understanding Comparative Fault in Car Accidents: How It Affects Your Claim One of the most misunderstood aspects of car accident cases is comparative fault. Many accident victims assume that if they share any blame for the accident, they can’t recover compensation. However, laws vary by state, and even if you are partially at fault, you may still be entitled to damages. How Comparative Fault Works • Pure Comparative Fault: In some states, you can recover damages even if you are 99% at fault, though your compensation will be reduced by your percentage of fault. • Modified Comparative Fault: Many states bar recovery if you are more than 50% or 51% responsible for the accident. • Contributory Negligence: A few states prevent you from receiving any compensation if you are even 1% at fault. How an Attorney Can Help Insurance companies often try to assign more fault to victims to reduce payouts. At Fitch & Stahle, we gather evidence and build strong cases to challenge unfair liability assessments. If comparative fault is a concern in your case, reach out to us for a consultation. 3. The Role of Witnesses in Car Accident Cases Eyewitness testimony can play a crucial role in proving liability and securing compensation in a car accident claim. Many people overlook the importance of witnesses, but their statements can provide unbiased perspectives on what happened. Why Witness Testimony Matters • Clarifies Fault: Witnesses can confirm which driver was negligent. • Supports Your Version of Events: Their statements can strengthen your claim. • Helps Refute False Claims: If the other party tries to shift blame, witnesses can counter their argument. How to Secure Witness Testimony • Get Contact Information: Always collect names, phone numbers, and addresses of potential witnesses. • Ask for a Statement: If possible, have them describe what they saw while it’s fresh in their memory. • Work with Your Attorney: Your lawyer can follow up and ensure their testimony is properly documented. If you’ve been in a car accident, don’t underestimate the power of a strong witness statement. Contact us at Fitch & Stahle to discuss how we can use this evidence to strengthen your case. 4. Understanding Economic vs. Non-Economic Damages in Car Accident Cases After a car accident, victims may be entitled to different types of damages. Understanding the difference between economic and non-economic damages can help you build a comprehensive claim. Economic Damages These damages cover tangible financial losses, including: • Medical bills • Lost wages • Property damage • Rehabilitation costs Non-Economic Damages These damages compensate for intangible losses, such as: • Pain and suffering • Emotional distress • Loss of enjoyment of life • Permanent disfigurement or disability Maximizing Your Compensation Insurance companies often try to downplay non-economic damages. At Fitch & Stahle, we work to ensure our clients receive full compensation for both economic and non-economic losses. Contact us today to learn how we can help. 5. How Weather Conditions Can Impact Car Accident Liability Many drivers assume that bad weather absolves them of responsibility in an accident. However, weather conditions do not eliminate liability—they simply add another layer of complexity to the case. Common Weather-Related Accidents • Rain & Wet Roads: Slippery surfaces increase stopping distances and reduce control. • Snow & Ice: Black ice and snowy roads can lead to loss of control. • Fog & Low Visibility: Limited visibility increases the risk of collisions. Determining Fault in Weather-Related Accidents While poor weather can contribute to an accident, drivers are still expected to adjust their behavior accordingly. Liability may depend on whether a driver: • Was driving too fast for conditions • Failed to use headlights or windshield wipers properly • Followed another vehicle too closely If you were in a weather-related accident, having an attorney review your case can help determine fault and ensure you receive fair compensation. Contact Fitch & Stahle for expert legal guidance. 6. The Importance of Seeking Medical Attention After a Car Accident One of the most crucial steps after a car accident is seeking medical attention. Many people delay or avoid medical treatment because they feel fine immediately after the crash. However, some injuries take time to appear, and delaying treatment can negatively impact both your health and your legal case. Common Injuries That May Not Show Symptoms Right Away • Whiplash: Neck pain and stiffness can develop hours or days after an accident. • Concussions: Symptoms like headaches, dizziness, and confusion may be delayed. • Internal Bleeding: Serious internal injuries may not be noticeable at first but can be life-threatening if untreated. • Soft Tissue Injuries: Muscle strains and ligament damage can worsen over time. How Delaying Medical Treatment Affects Your Claim • Insurance Companies May Argue Your Injuries Aren’t Serious: If you wait too long to see a doctor, insurers may claim your injuries aren’t related to the accident. • Gaps in Treatment Can Weaken Your Case: Consistent medical records help establish the severity of your injuries and the necessity of treatment. • Your Recovery May Take Longer: Early diagnosis and treatment can prevent complications and speed up your recovery process. At Fitch & Stahle, we strongly recommend that all accident victims seek medical attention immediately, even if they feel fine. Doing so protects both your health and your legal rights. If you’ve been injured in a car accident, contact us today for expert legal guidance on your next steps. 7. Why You Should Hire a Car Accident Attorney as Soon as Possible Many people hesitate to hire an attorney after a car accident, thinking they can handle their claim alone. However, involving an attorney early can make a significant difference in the outcome of your case. Benefits of Hiring a Car Accident Attorney Quickly • Preserving Evidence: Attorneys can collect crucial evidence before it disappears. • Dealing with Insurance Companies: Insurance adjusters may try to minimize your claim, but an attorney ensures fair negotiations. • Avoiding Mistakes: Legal guidance helps prevent common errors that could weaken your case. • Maximizing Compensation: Lawyers understand how to calculate and pursue the full extent of your damages. If you or a loved one has been injured in a car accident, don’t wait to seek legal help. Contact Fitch & Stahle today to protect your rights and secure the compensation you deserve.