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Understanding Dram Shop Laws

Robert Stahle • August 10, 2020
A person is pouring whiskey into a glass with ice.

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.

By Robert Stahle October 1, 2025
What Nebraska and Iowa Injury Victims Need to Know 
By Robert Stahle September 19, 2025
If you’ve been hurt in an accident due to someone else’s negligence, the idea of filing a personal injury claim can feel overwhelming. Between insurance companies, legal documents, medical bills, and emotional stress, you may not know where to begin—or what your rights are. At Fitch & Stahle Law Firm , we’ve helped countless injury victims across Nebraska and Iowa navigate the personal injury claims process with confidence. Whether you were hurt in a car crash, a slip and fall, or a workplace accident, our job is to take the burden off your shoulders so you can focus on healing. In this post, we’ll walk you through each step of a typical personal injury claim, explain the timeline, and show you how working with a local law firm can make all the difference. Step 1: Medical Treatment and Documentation The first and most important step is always your health. After any accident, seek medical attention immediately , even if your injuries seem minor. Not only is this essential for your well-being, but it also creates a medical record that links your injuries to the accident—something insurance companies will look for later. Your medical documents will form the foundation of your case, including: Emergency room records Imaging (X-rays, MRIs) Doctor’s notes and treatment plans Prescription medications Physical therapy reports At Fitch & Stahle , we work closely with your medical providers to make sure your injuries are thoroughly documented and that future medical needs are included in your claim. Step 2: Consultation with a Personal Injury Attorney Once your immediate medical needs are addressed, your next step should be to consult a personal injury lawyer —especially before speaking with insurance adjusters. When you contact Fitch & Stahle Law Firm , we’ll offer a free consultation where we: Review the details of your accident Evaluate the strength of your claim Estimate your potential compensation Explain the legal process in plain language There’s no pressure, and no fee unless we win your case. Our goal is to help you make an informed decision about your next steps. Step 3: Investigation and Evidence Gathering If you decide to move forward, we’ll begin building your case immediately. This involves a thorough investigation to gather all the facts, such as: Police or incident reports Witness statements Photos or video footage Expert opinions (accident reconstruction, medical, etc.) Vehicle or property damage estimates In Nebraska and Iowa, comparative negligence laws mean that your share of fault can affect how much you recover. That’s why it’s critical to build strong, clear evidence that supports your claim and minimizes any allegations of shared blame. Step 4: Demand Letter and Settlement Negotiations Once we’ve compiled all the necessary documentation and calculated your total damages (including future expenses), we’ll send a formal demand letter to the at-fault party’s insurance company. This letter outlines: What happened Why their client is at fault A full accounting of your damages A proposed settlement amount In many cases, this starts a negotiation process. Insurance companies often counter with a lower offer, but we are aggressive negotiators who know the true value of your case. We’ll fight to get you the best possible settlement—and advise you on whether it’s in your best interest to accept or proceed to trial. Step 5: Filing a Lawsuit (If Necessary) If the insurance company refuses to offer a fair settlement, we won’t hesitate to file a personal injury lawsuit in the appropriate court—whether in Dakota County, Nebraska , Woodbury County, Iowa , or elsewhere in the Siouxland area. Filing a lawsuit doesn’t necessarily mean your case will go to trial. Many cases settle during pre-trial stages such as: Discovery – Both sides exchange evidence and take depositions Motions – Legal arguments to resolve or limit aspects of the case Mediation – A neutral third party helps negotiate a settlement Still, we prepare every case as if it will go to court. That level of preparation often results in better settlements and ensures we’re ready to present a compelling case to a judge or jury if needed. Step 6: Trial (When Required) If a trial becomes necessary, Fitch & Stahle Law Firm will be by your side every step of the way. We have extensive courtroom experience and are well-known in local courts across Nebraska and Iowa . At trial, we’ll present your case using: Eyewitness and expert testimony Medical and financial records Visual evidence like diagrams, photos, or video Opening and closing arguments that clearly outline your suffering and loss While most personal injury cases settle out of court, we’re always prepared to litigate aggressively when justice requires it. How Long Does a Personal Injury Claim Take? Every case is different, but here’s a general timeline: Medical treatment and recovery : 2 weeks to 6 months Investigation and preparation : 1 to 2 months Demand and negotiations : 1 to 3 months Filing a lawsuit (if needed): Adds 6–12 months or more The statute of limitations for filing a personal injury claim is: 4 years in Nebraska 2 years in Iowa However, acting early improves your chances of a successful outcome. Why Work With Fitch & Stahle? ✅ Local Representation – Based in South Sioux City, we know the courts, insurers, and judges in your area. ✅ Licensed in Nebraska & Iowa – We’re ready to represent you on both sides of the river. ✅ No Fee Unless You Win – You have nothing to lose by reaching out. ✅ Personalized Legal Care – We listen, we explain, and we put your needs first. When you work with Fitch & Stahle Law Firm , you’re more than just a case—you’re a neighbor, a community member, and a person we’re proud to fight for. Start Your Claim Today If you’ve been injured in an accident in South Sioux City , Sioux City , or anywhere in the Tri-State area , let us help you navigate the legal process with confidence. 📞 Call now for a free consultation: (402) 494-3012 🌐 Visit us online at fitch-stahlelaw.com