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Understanding Dram Shop Laws

Robert Stahle • August 10, 2020

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.

What to Do If You’re Hit by a Drunk Driver:

By Robert Stahle • June 25, 2025
Legal Steps You Should Take The moments after a car accident are chaotic and frightening—but when you realize the other driver may be drunk, the fear and uncertainty intensify. You may be injured, confused, and unsure of what to do next. Taking the right steps immediately after the accident can significantly affect your ability to recover physically, emotionally, and financially. At Fitch & Stahle Law Firm , we’ve helped countless victims in Iowa and Nebraska who were hit by drunk drivers. If you ever find yourself in this situation, here’s what you need to know and do. 1. Call 911 Immediately Your safety and the safety of others come first. Call 911 to report the accident and request emergency medical assistance if anyone is injured. Make sure to inform the dispatcher if you suspect the other driver is impaired—this can ensure police respond quickly and gather critical evidence at the scene. When the officers arrive, give them an honest account of what happened, but avoid speculating or assigning blame. Stick to the facts. Law enforcement will perform sobriety tests or request a breathalyzer if they suspect intoxication, which is key evidence in your future claim. 2. Seek Medical Attention—Even If You Feel Fine Many injuries from auto accidents don’t show symptoms right away. Adrenaline can mask pain, and some injuries (like concussions or soft-tissue damage) take time to reveal themselves. Always get checked out by medical professionals at the scene or follow up immediately with your doctor. Having documented medical treatment is also essential for your legal case. Insurance companies often challenge claims that don’t have clear, timely medical records. 3. Gather Evidence at the Scene (If You Can) If you're physically able to, collect as much evidence at the scene as possible: Take photos of both vehicles, the accident site, and any visible injuries. Note the time, location, road conditions, and any nearby businesses or traffic cameras. Get the names and contact info of any witnesses. Write down anything you observe about the other driver—slurred speech, empty containers, erratic behavior. The more details you preserve early on, the stronger your claim will be. 4. Avoid Talking to Insurance Companies Without Legal Counsel After the accident, the at-fault driver's insurance company may reach out quickly. They may seem sympathetic, but their goal is to minimize their financial liability. Avoid giving recorded statements, signing any documents, or accepting a settlement before speaking to an attorney. Even your own insurance company may not act in your best interest if the claim involves underinsured or uninsured motorist coverage. A lawyer can handle these conversations and protect your rights. 5. Contact a Personal Injury Attorney Right Away Drunk driving accident cases can involve criminal and civil elements, multiple liable parties, and complex insurance policies. A qualified personal injury attorney can: Preserve evidence File paperwork on time Handle negotiations Represent you in court if needed At Fitch & Stahle , we know how to build a case that reflects the full impact of the crash—including medical bills, lost income, pain and suffering, and possible punitive damages . If you’ve been hit by a drunk driver in Iowa or Nebraska, don’t navigate the aftermath alone. Contact Fitch & Stahle Law Firm for a free consultation. We’ll walk you through every step, protect your rights, and fight for the full compensation you deserve.

Holding Drunk Drivers Accountable in Civil Court: What Victims Should Know

By Robert Stahle • June 18, 2025
When someone is injured by a drunk driver, the first question is often: “Will they go to jail?” Criminal charges such as DUI or OWI (Operating While Intoxicated) are often filed against the driver, especially if injuries or fatalities are involved. While this may result in fines, license suspension, or even jail time, the reality is this: a criminal case won’t pay your bills. To recover financial compensation for your injuries, you need to file a civil claim —a personal injury lawsuit. This is where true accountability happens for victims. At Fitch & Stahle Law Firm , we help people across Iowa and Nebraska navigate the civil justice system and pursue the compensation they need after a drunk driving accident. Here’s what you should know. Civil Cases Are Separate from Criminal Trials Many victims assume that if the driver is arrested and convicted of DUI, they’ll automatically be compensated. But criminal proceedings are about the state punishing the offender—not helping the victim recover. In fact, you can file a civil lawsuit even if the driver isn’t charged or convicted. While a conviction helps prove liability in civil court, it’s not required. Your personal injury attorney will build a case based on evidence of negligence and damages—whether or not the state takes action. What Damages Can You Recover in a Civil Claim? Civil cases allow victims to recover a broad range of compensatory damages , including: Emergency medical bills Ongoing treatment and rehabilitation Lost wages and future income Pain and suffering Mental anguish Vehicle and property damage Loss of enjoyment of life In many drunk driving cases, you may also be entitled to punitive damages . These are awarded to punish gross negligence—like driving with a high blood alcohol content or with prior DUI convictions. Punitive damages can dramatically increase your total compensation and serve as a warning to others. The Role of an Attorney in Building Your Case Civil lawsuits require a thorough investigation, documentation, and expert testimony. At Fitch & Stahle, we begin by collecting all the evidence: police reports, toxicology results, dashcam footage, witness statements, and medical records. If needed, we consult with accident reconstruction experts to establish what happened and why. We then calculate both economic damages (like medical bills) and non-economic damages (like emotional trauma), making sure no part of your suffering is overlooked. We also handle all communication with insurance companies and opposing counsel. Our team is skilled in negotiation and litigation, and we’re fully prepared to take your case to court if a fair settlement isn’t offered. When Third-Party Liability May Apply In some situations, additional parties may be held responsible. For example: Bars or restaurants that overserved the driver may be liable under dram shop laws Employers who allowed a known impaired driver to operate a company vehicle could also face liability We explore all angles to make sure you’re fully compensated. If you’ve been injured by a drunk driver in Sioux City or surrounding areas, the criminal justice system alone won’t protect your future. Let Fitch & Stahle Law Firm help you file a civil claim, recover full compensation, and hold the drunk driver—and any responsible parties—accountable. Contact us today for a free case review.
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