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Protecting Your Business from Dram Shop Laws

Robert Stahle • March 5, 2020
A group of people are sitting at a table drinking beer.

In every state in the United States, if you’re injured by a person who is intoxicated, you can bring a personal injury claim against that person. In a few states, including both Iowa and Nebraska, there are also laws that allow an injured person to hold an alcohol vendor or establishment liable if the vendor provides alcohol to the person who injures somebody else. These laws are known as dram laws, and if you own a business that serves alcohol, it is important to know how to make sure your business is compliant with dram shop laws.

Here at Fitch & Stahle Law Office , our team of attorneys is familiar with dram shop laws in both Iowa and Nebraska. Here is what you need to know about the laws in both states.

Dram Shop Laws in Iowa

Appearing in Iowa Code section 123.92, the Iowa dram shop law states that a vendor with a license of permit to sell alcohol may be held liable for injuries to person A, if the vendor sold or served alcohol to person B, who caused person A’s injuries. In this situation, the vendor is liable if person B was intoxicated at the time the alcohol was sold. In a dram shop case, there are three involved parties: the person who was injured, the person who caused the injuries, and the business that sold the alcohol.

Dram Shop Laws in Nebraska

Moving across the states lines into Nebraska, the dram shop laws are slightly different. According to Section 53-404 of Nebraska state law, any person who is injured by an intoxicated individual may file a dram shop lawsuit against the retailer who sold the alcoholic beverage if the person causing the injury was a minor. This law can refer to bars, taverns, restaurants, and liquor stores that sell alcoholic beverages to minors.

The main difference between Iowa and Nebraska dram laws is that in Nebraska, the laws only apply if the intoxicated individual is a minor. An example of a dram law in effect would be if a person injured by a 19-year-old drunk driver who then makes a claim against the establishment that served the minor alcohol.

Preventing Dram Shop Lawsuits

Now that you know the dram shop laws in Iowa and Nebraska, it is important to know how your business can protect itself from dram shop lawsuits. Here are a few tips.

Implement a training program for your employees to help handle intoxicated patrons

Do not allow employees to drink on the job

Reward employees who are vigilant in checking IDs

Set up an agreement with a local cab company for intoxicated patrons

Count the number of drinks served to patrons

Sioux City, IA and NE Dram Shop Law Firm

A dram shop lawsuit can drain your business financially. If you are dealing with a dram shop case, contact the team of experienced attorneys at Fitch & Stahle Law Office. We have the expertise and training to work cases in both Nebraska and Iowa.

Contact us at (402) 494-3012 for a free consultation.

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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.