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Understanding Dram Shop Laws

When somebody is injured in an accident related to alcohol, their first impulse is to file an injury claim against the individual who caused the accident. But did you know that there are also laws, known as dram shop laws , that allow the victims of drunk driving accidents (or their families) to hold bars and alcohol retailers accountable for the injury, death, or any other damages caused by an intoxicated customer? The specifics of dram shop laws differ from state to state, but they all provide that establishments that sell and serve alcohol to an individual to the point of intoxication are liable for any damages caused to a third party by the intoxicated person’s action.
At Fitch & Stahle Law Office, our defense attorneys are familiar with dram shop laws in both Iowa and Nebraska. Here are some basic facts that you should know about the dram shop laws in both states in Siouxland.
Dram Shop Laws in Nebraska
Nebraska Revised Statutes section 53-404 states that “A person who is injured by an intoxicated minor may file a dram shop claim against any retailer who sold alcoholic liquor to the minor.” This covers both liquor stores that sell packaged alcohol and bars and restaurants that sell alcohol by the drink.
Here is an example of the dram shop law in Nebraska. Suppose 20-year-old Tom stops at a bar on his way to classes at the local community college. Bartender Jim assumes that he is 21 and doesn’t ask for identification. Tom has several drinks, leaves, and while driving to his class, gets in a car accident with Jennifer, who is injured. Jennifer can bring a dram shop claim against Jim because he illicitly served Tom the alcohol.
The thing to remember about Nebraska dram shop laws is that they only apply if the person who causes the alcohol-related injuries is a minor.
Dram Shop Laws in Iowa
Staying in Siouxland but moving across state lines to Iowa, the dram shop laws differ somewhat. According to the precedent set in 2018’s Banwart v. 50th Street Sports L.L.C. and Iowa Code Section 123.92(1)(a), Iowa’s dram shop law provides that any establishment who sold or served alcohol to an individual to the point of intoxication is liable for any damages caused to an innocent third person by the drunk person’s actions.
The twist in this law is that liability can only be found if the establishment knew or should have known the person was intoxicated, or who sold to and served the drunk person to a point where the licensee knew that the person would become intoxicated.
Unlike in Nebraska, under the dram shop law in Iowa, the person who causes the alcohol-related injuries can be either a minor or an adult.
Siouxland Dram Shop Law Firm
In order to prevent dram shop lawsuits against your business, it is important that you teach your employees to always check IDs, and implement a training program for them to help handle intoxicated customers. If you are dealing with a dram shop case, our team of defense attorneys is well equipped to help you win it.
Contact Fitch & Stahle Law Office at (402) 494-3012 for a free consultation.

