BLOG

What You Need to Know About Dram Shop Laws

Robert Stahle • June 12, 2019
A bar with stools and a man sitting at a table

Everyone knows that there are serious consequences to drinking and driving , not only legal issues but also the possibility that your actions while intoxicated could cause harm to another person. In many states, Dram shop laws exist, which allow injured parties to take action against an establishment whose lack of judgement in serving alcohol to an intoxicated person likely contributed to the accident.


What Is Dram Shop Law?

Most states, including Iowa, have dram shop laws in place, and although the laws may differ slightly from state to state, the basic premise is the same. These laws basically exert governance over establishments that serve alcohol and establish guidelines for the level of accountability these establishments have when they knowingly serve alcohol to an intoxicated individual.

Dram shop laws are often cited when a person has been involved in an accident involving a drunk driver. An injured party may take civil action against an establishment that knowingly, and some could argue recklessly, served alcohol to a person who could reasonably be presumed to be intoxicated. In these cases, the goal is to demonstrate that had the establishment acted responsibly, the accident or incident never would have occurred.

Traditionally, proving liability under the dram shop law requires proof that often relies on witnesses - which aren’t always reliable or willing to speak up in these situations. Last year, the Iowa Supreme Court made a decision that proof of liability can be obtained by “after the fact evidence”, such as having a high blood alcohol content shortly after leaving a certain establishment, even without witness testimony.


Can a Social Host Be Held Liable Under Dram Shop Laws?

What happens when an intoxicated person is served alcohol in someone’s home or other location outside of a licensed establishment. Dram shop laws don’t specifically cover these types of situations. In Iowa, the law pertains to any vendor that has a license or permit to serve alcohol.

Considering that a licensed establishment can be held accountable, many people wonder if someone who serves alcohol in a non-licensed social setting, such as a party in your home, can also be held responsible for the actions of their intoxicated guests.

In most cases, no. In Iowa, as well as Nebraska which doesn’t have an official dram shop law on the books, social hosts are immune with the exception of the involvement of minors. In both states, if a person breaks the law by serving alcohol to minors or allowing minors to consume alcohol on their property, they can be culpable if that minor causes an accident that results in harm or fatalities.


Seeking the Legal Representation You Need

Whether you’ve been injured by a drunk driver and need a personal injury attorney, or you’re facing charges for driving while intoxicated, our experienced team at Fitch & Stahle Law Office is prepared to tackle and win your case. Our experienced attorneys in the Siouxland area are here and ready to answer your questions. Reach out to the Fitch & Stahle Law Office for a consultation today.

By Robert Stahle July 28, 2025
Including Dram Shop Liability
By Robert Stahle July 16, 2025
How a Sioux City Personal Injury Attorney Can Help You Seek Justice Each year, drunk driving crashes leave thousands injured or killed—causing devastating emotional, physical, and financial consequences. Despite strict DUI laws and public awareness campaigns, impaired drivers continue to pose a serious threat across Iowa, Nebraska, and the country. For victims, the aftermath of a drunk driving accident is more than just painful—it can be life-altering. At Fitch & Stahle Law Firm , we fight to hold negligent drivers (and sometimes even the businesses that served them) accountable under the law. If you’ve been hurt in a crash involving a drunk driver, we’ll explain your legal options, including how Nebraska’s Dram Shop law may play a role in your case. Why File a Drunk Driving Lawsuit? Driving under the influence of alcohol or drugs is not just illegal—it’s a reckless act that endangers everyone on the road. When a driver chooses to get behind the wheel impaired, they can (and should) be held civilly liable for the damage they cause. While a criminal DUI case focuses on punishing the offender, a civil personal injury lawsuit is about helping you rebuild. It allows you to pursue compensation for: Medical expenses (past and future) Lost wages and diminished earning capacity Pain and suffering Emotional trauma Property damage Rehabilitation costs Punitive damages (in cases of extreme recklessness) Nebraska’s Dram Shop Law: Holding Alcohol Providers Accountable Under Nebraska’s Dram Shop Law , victims of drunk driving accidents may also be able to file a lawsuit against the business or establishment that overserved the intoxicated driver. Here’s how it works: A licensed alcohol vendor (such as a bar, restaurant, or event venue) can be held liable if they served alcohol to a visibly intoxicated person or a minor , and that person later caused injury or death. Nebraska law limits these claims to commercial sellers of alcohol—not social hosts. A dram shop claim can help recover damages if the drunk driver lacks adequate insurance or personal assets. This area of law is complex, and not all attorneys are familiar with how to navigate the strict requirements and timelines involved in dram shop litigation. That’s why working with a firm like Fitch & Stahle , which handles cases in both Nebraska and Iowa , is crucial. What Needs to Be Proven in a Drunk Driving Case? To recover damages in a drunk driving lawsuit, your legal team must prove the following: Duty of care – The driver had a legal responsibility to drive safely. Breach of duty – That responsibility was violated by driving impaired. Causation – The impairment directly led to the accident and your injuries. Damages – You experienced real harm—such as medical costs, lost income, or emotional distress. In dram shop cases, your lawyer will also need to demonstrate that the bar or establishment served a visibly intoxicated individual who went on to cause the crash. Why You Need a DUI Injury Lawyer in Nebraska or Iowa Drunk driving cases are rarely straightforward—especially when multiple parties may share liability. Insurance companies will often try to minimize payouts, shift blame, or dispute your injuries altogether. At Fitch & Stahle Law Firm , we will: Preserve key evidence such as police reports, BAC results, surveillance video, and eyewitness accounts Analyze potential dram shop liability Work with medical and accident reconstruction experts to build your case Identify all available sources of compensation Aggressively negotiate with insurance companies—or take your case to trial if needed Our team has deep experience with Nebraska’s unique dram shop provisions and Iowa’s liability standards. We understand what it takes to hold all negligent parties accountable. What Damages Can You Recover? Depending on the specifics of your case, compensation may include: Economic damages : Medical bills, lost income, future treatment costs, property loss Non-economic damages : Pain, suffering, mental anguish, loss of companionship Punitive damages : Intended to punish especially reckless conduct—like drunk driving In cases where dram shop liability applies, these claims can be especially valuable when the at-fault driver is underinsured or has no assets. Time Is Critical – Act Now In Nebraska, the statute of limitations for personal injury and dram shop lawsuits is typically four years , but specific timelines may apply depending on the facts of your case. Evidence like surveillance footage and eyewitness memories can fade fast—so it’s essential to speak with an attorney right away. Get Help from a Sioux City Personal Injury Attorney Who Understands Nebraska Dram Shop Law If you or a loved one has been injured by a drunk driver—especially one who may have been overserved at a Nebraska bar or restaurant—you have the right to seek full and fair compensation. At Fitch & Stahle Law Firm , we’ve helped countless clients across Sioux City , Iowa , and Nebraska recover after devastating crashes. We’ll handle the legal details so you can focus on healing. Call us today for a free consultation — and let’s start fighting for the justice you deserve.