BLOG

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 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.