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Protect Yourself by Understanding Nebraska Dram Shop Laws 

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

In every state, when someone is injured in an alcohol related incident, they can file an injury claim against the intoxicated person whose actions caused harm. Often, injured parties have questions about the liability of the establishment or person that served the intoxicated person alcohol. Do they have any responsibility in injury cases, and if so, what is the extent of their liability?

While every state has dram shop laws on the books, the laws in Nebraska are a little different. At Fitch & Stahle Law Firm, we know the details of Nebraska dram shop laws and what they mean for business and individuals that serve alcoholic beverages.

Nebraska Dram Shop Law

One detail about Nebraska Dram Shop Law that’s different from many other states is that they do not generally allow injury claims unless the intoxicated person was a minor at the time of the incident that lead to injury or harm.

In section 53-404 , Nebraska Revised Statutes states that any person who is injured by an intoxicated individual may file a dram shop claim against the retailer who sold the alcoholic beverage if the person causing injury was a minor. This refers to bars, taverns, restaurants and packaged liquor retailers that sell or distribute alcohol to minors.

It’s key to remember that the law only applies if the intoxicated individual is a minor. For example, if a person is injured by an 18-year-old drunk driver, they may make a claim against the establishment that served the minor. On the other hand, if a person is injured by a drunk driver who is aged 21 or older, they have no legal ground to file a claim against the establishment according to the Nebraska Dram Shop Law.

In some cases, a claim will be dropped if the establishment can show that they asked for verification of the intoxicated individual’s age and were presented with identification that lead them to believe that the person was of legal age for alcohol consumption.

Dram Shop Law and Social Host Liability

While most people understand how the dram shop law applies to licensed vendors of alcohol, many have questions about how the dram shop law applies to private social scenarios such as a party hosted in someone’s home.

According to Nebraska law, an injured person can file a claim against a social host if the host allowed a minor to consume alcohol on their property. A person also has a right to file a claim against an individual who purchased or otherwise supplied alcohol to a minor. An exception to this is when the alcohol was supplied under the presence or knowledge of the minor’s parents or legal guardians.

Defending Yourself Against a Dram Law Claim

A dram shop claim can drain your financial resources, not to mention the potential damage to your reputation. If you’re dealing with a dram shop law case, we have experience in helping clients win against claims and accusations. We’re the legal team in Nebraska that can help. Contact Fitch & Stahle Law Offices today for your free consultation.

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.