The Kids are Home for the Holidays - Is Your Restaurant's Staff Properly Trained on Dram Shop Laws?

With the holidays quickly approaching, college students are heading back to the Sioux City area in droves. College kids being college kids, they’ll surely be making plans with friends, and some of those plans may involve going out to bars and restaurants. In both Iowa and Nebraska, when someone is injured in an alcohol-related incident, they can file an injury claim against the intoxicated person whose actions caused the harm. These laws are known as dram shop laws, and it is important that your bar or restaurant’s staff are properly trained so that you can avoid expensive lawsuits.

At Fitch & Stahle Law Office, our experienced attorneys understand the ins and outs of dram shop laws in both Iowa and Nebraska, since each state has differing laws. Our defense attorney is happy to explain how your staff can become dram shop law compliant and avoid pricey settlements.

What is a Dram Shop Law?

A dram shop is an establishment, such as a bar or tavern, where alcoholic beverages are sold. Dram shop laws are laws that govern these establishments and their liability should a person become injured due to the actions of an intoxicated person.

An example of a dram shop law in practice is a person becomes intoxicated at a bar and then gets in their car to drive home. On the way, they hit and injure a pedestrian, who has expensive medical bills to pay for the injuries. The pedestrian can choose to take legal action against the establishment that over-served the driver before they entered their car.

Dram Shop Laws and Underage Drinking

Dram shop laws vary from state to state, and Iowa and Nebraska have different dram shop laws. While in Iowa, dram shop laws can be filed whether the intoxicated person was an adult or minor, in Nebraska, the law only allows for dram shop claims when the intoxicated person was a minor. So in both Iowa and Nebraska, a major aspect of your dram shop training to your staff should be how to prevent minors from illegally consuming alcohol.

Dram Shop Compliance Training

Having a dram shop claim filed against your bar or restaurant can be financially draining. This is why it is vital that your staff understands the importance of not over-serving patrons and not serving alcohol to minors. Here are some ideas for staff dram shop law training.

• Require employee training with an approved training course
• Confirm that employees have attended trained and are recertified when necessary
• Maintain documentation of each employee who serves alcohol
• Maintain written policies against the over-service of alcohol and develop procedures intended to prevent such over-serving from occurring
• Encourage staff to require identification for patrons who appear to be under 40 years old

Sioux City Defense Attorney

If your establishment is facing a dram shop claim, contact the attorneys at Fitch & Stahle Law Office. With over 50 combined years in the business, we have plenty of experience defending businesses against claims.

Contact our firm at (402) 494-3012 for more information.