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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 October 30, 2025
A Guide for Grieving Families
By Robert Stahle October 22, 2025
A car accident can change your life in a matter of seconds. One moment you’re commuting or running errands, and the next, you’re facing a wrecked vehicle, physical pain, and a growing stack of medical bills. It’s stressful, overwhelming, and often confusing—especially when you’re not sure what to do next. At Fitch & Stahle Law Firm , we help car accident victims in South Sioux City , Sioux City , and across Nebraska and Iowa understand their rights and recover the compensation they deserve. In this post, we’ll walk you through the critical steps to take after a crash—and how to protect your health, finances, and legal claim. Step 1: Prioritize Your Safety and Health Immediately after a crash, your safety comes first. If possible: Move your vehicle out of traffic Check yourself and others for injuries Call 911 for medical help and law enforcement Even if you don’t feel seriously hurt, get evaluated by a medical professional as soon as possible. Many injuries—like whiplash, concussions, or internal trauma—don’t show symptoms right away. A prompt medical exam not only protects your health, it also documents your injuries for your insurance claim. Step 2: Call the Police and File an Accident Report In both Nebraska and Iowa , it’s important to report any crash involving: Injury or death Property damage over $1,000 A hit-and-run or uninsured driver The responding officer will create a police report , which includes key facts like: Date, time, and location of the accident Statements from drivers and witnesses Diagrams or photos of the scene Initial assessment of fault This report becomes vital evidence in your personal injury claim. Be honest and factual—but avoid admitting fault or guessing what happened. Step 3: Gather Evidence at the Scene (If You Can) If you are physically able and it’s safe to do so, collect the following: Photos of vehicle damage, injuries, skid marks, and surroundings Driver’s license, insurance, and contact info of all involved Contact info for witnesses Notes about the weather, road conditions, and what you recall If you’re unable to collect this yourself, Fitch & Stahle Law Firm may be able to retrieve surveillance footage, witness statements, or crash data later—but the more you gather early, the better. Step 4: Notify Your Insurance Company Most policies require you to notify your insurer after a crash. However, you do not need to give a recorded statement , especially before speaking to a lawyer. Stick to the basics: Where and when the crash happened Who was involved That you’re seeking medical treatment Avoid discussing fault, injuries, or potential settlement values. Insurance companies often use early statements to downplay your claim later. Step 5: Call a Car Accident Lawyer—Before You Talk to the Other Driver’s Insurance The at-fault driver’s insurance company may reach out soon after the crash. They might offer a quick settlement or ask for a recorded interview. Don’t be fooled— their goal is to protect their bottom line, not your recovery . When you call Fitch & Stahle Law Firm , we: Handle all communication with insurance companies Protect you from saying something that hurts your case Calculate the real value of your damages Make sure you aren’t pressured into a lowball settlement We offer free consultations and don’t charge legal fees unless we win your case. Step 6: Keep Track of Everything Start a folder or digital log for your car accident claim. Include: Medical bills and records Receipts for prescriptions or medical equipment Notes from doctor visits Pay stubs showing missed work A journal of your pain levels, emotional struggles, or daily challenges This documentation helps prove pain and suffering , lost income , and the long-term impact of your injury. What Compensation Can You Recover? Depending on the circumstances, you may be entitled to compensation for: Emergency room care and medical treatment Physical therapy and future healthcare needs Vehicle repairs or total loss Lost wages or reduced earning capacity Pain and suffering Emotional distress Permanent disability or disfigurement If the at-fault driver was reckless—such as driving drunk or texting behind the wheel—you may also qualify for punitive damages . At Fitch & Stahle , we fight for the maximum compensation available under Nebraska or Iowa law. How Long Do I Have to File a Claim? The legal deadline to file a car accident lawsuit (called the statute of limitations ) is: 4 years in Nebraska 2 years in Iowa However, it’s best to act early. Delays in filing can lead to lost evidence, unclear medical records, and a weaker case overall. Why Choose Fitch & Stahle Law Firm? We’ve spent years helping injured drivers in the Siouxland region get justice after devastating car accidents. Here’s why clients trust us: ✅ Local Experience : Based in South Sioux City , we know the roads, courts, and insurers in both Nebraska and Iowa. ✅ Full-Service Representation : From crash investigation to courtroom litigation, we handle every step. ✅ Licensed in NE & IA : Whether your accident happened on I-29, Highway 77, or in town, we’ve got you covered. ✅ No Upfront Fees : You pay nothing unless we win your case. Don’t Go Through This Alone—We’re Here to Help If you were injured in a car accident in South Sioux City , Sioux City , or anywhere in Northeast Nebraska or Northwest Iowa , don’t wait to protect your rights. The sooner you act, the stronger your claim. 📞 Call us now at 402-494-3012 🌐 Schedule your free consultation at fitch-stahlelaw.com 📍 Visit us at our South Sioux City office At Fitch & Stahle Law Firm , we fight for car accident victims every day—and we’re ready to fight for you.