BLOG

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 August 15, 2025
If you’ve been injured by a drunk driver in Nebraska or Iowa , you may be overwhelmed with questions: Who pays for your medical bills? What if you can't work? Should you talk to the insurance company? Most importantly— do you need a personal injury attorney? The short answer: Absolutely. At Fitch & Stahle Law Firm , we help victims of drunk driving accidents recover the full compensation they deserve. Our firm, based in South Sioux City, Nebraska , is licensed in both Nebraska and Iowa. We understand the specific laws in each state that can make or break your case. In this blog post, we explain why hiring an experienced DUI accident lawyer is crucial after a drunk driving crash—and how we help protect your rights. Understanding Drunk Driving Accident Claims Drunk driving crashes differ from typical car accidents. That’s because they involve criminal conduct , not just negligence. When someone chooses to drive under the influence, they’re endangering lives, breaking the law, and exposing themselves to serious civil liability. While criminal DUI charges may result in jail time, fines, or license suspension, a criminal case does not pay your medical bills or compensate you for your suffering . To recover damages, you must file a civil personal injury claim , and that’s where an experienced attorney makes all the difference. What a Personal Injury Lawyer Does After a Drunk Driving Crash A skilled personal injury attorney will do far more than just file paperwork. At Fitch & Stahle Law Firm , we build strong, evidence-backed cases to maximize your compensation. Here's how we help: 1. Investigate the Accident Thoroughly We gather police reports, interview witnesses, obtain surveillance footage, and examine the crash scene to build a clear picture of what happened—and who is at fault. 2. Prove Liability and Damages To win your case, we must prove that the drunk driver was both negligent and the direct cause of your injuries. We use expert testimony, medical records, and accident reconstruction to build a compelling argument. 3. Handle Insurance Companies Insurance companies may pretend to care—but their goal is to protect their profits. We handle all communication with the insurer so you don’t say anything that could harm your case or reduce your payout. 4. Pursue All Avenues for Compensation In some cases, Nebraska’s DRAM Shop Law may allow us to hold a bar, restaurant, or social host responsible for over-serving the driver. These third-party claims require skilled legal navigation—and our attorneys are prepared to pursue them when applicable. 5. Calculate Your True Damages Your injury isn’t just a few medical bills. We factor in future treatment, pain and suffering, emotional trauma, lost earning capacity, and other long-term effects to ensure you get full and fair compensation. Why You Shouldn’t Wait to Hire a DUI Accident Lawyer One of the biggest mistakes drunk driving victims make is waiting too long to seek legal help. Here's why acting quickly matters: Evidence fades —witness memories fade, videos get erased, and vehicles are repaired. Medical records and diagnostics can help prove injury causation when obtained early. Statute of limitations laws in both Iowa and Nebraska limit how long you have to file a personal injury lawsuit (generally 2–4 years, depending on the circumstances). The sooner you involve an attorney, the stronger your case will be. What Damages Can You Claim? At Fitch & Stahle Law Firm , we pursue maximum compensation for drunk driving accident victims. Depending on your situation, you may be entitled to: Emergency room bills and medical expenses Physical therapy and future treatment costs Lost wages and loss of future income Pain and suffering Emotional distress Loss of enjoyment of life Property damage Punitive damages (in egregious cases) If a loved one was killed in a DUI-related crash, we can also file a wrongful death claim to help cover funeral costs and compensate for the loss of companionship, support, and guidance. Local Lawyers Who Know the Tri-State Area We’re not a national law firm pretending to understand your community. We live here. We work here. We know the roads, the courts, and the unique challenges facing drunk driving victims in South Sioux City , Sioux City , and across Northeast Nebraska and Northwest Iowa . We’ve handled countless injury cases across: Dakota County, Nebraska Woodbury County, Iowa The Siouxland region Surrounding rural and urban areas Our deep roots in the community give us insight that out-of-town attorneys simply don’t have. What Sets Fitch & Stahle Apart? Choosing the right personal injury lawyer can significantly impact your case. Here’s why clients trust us: ✅ Free consultations and no fees unless we win ✅ Licensed in both Nebraska and Iowa ✅ Decades of combined trial and settlement experience ✅ Compassionate, client-first approach ✅ Clear communication and responsive service We’re committed to making sure drunk drivers are held accountable —and that you get the financial support you need to recover and move forward. Take the First Step Toward Justice If you’ve been injured in a drunk driving crash in Nebraska or Iowa , don’t fight the system alone. You need a strong legal advocate who knows how to win these cases—and who truly cares about your recovery. 📍 Visit our office in South Sioux City, Nebraska , or schedule a free consultation from anywhere in the Siouxland area. 📞 Call us or contact us online at fitch-stahlelaw.com to get started. Let us handle the legal burden while you focus on healing. At Fitch & Stahle Law Firm , we stand with victims—every step of the way.
By Robert Stahle August 8, 2025
How Fitch & Stahle Law Firm Fights for Justice in Nebraska and Iowa