What is an Iowa Dramshop Claim and How is it Proven?

The most common type of dramshop claim in Iowa involves a restaurant, bar, or any other type of drinking establishment and a customer who consumes alcohol. If the customer is served too much alcohol, or if the customer is served alcohol when it is apparent that he is already intoxicated, the establishment serving the customer could be held liable for damages in the event of an Iowa car accident.

If the person leaves the bar, drives drunk and crashes into another car, pedestrian, or motorcycle, he can be liable as well as the restaurant that served the customer too much alcohol. The injured person can bring a lawsuit against the establishment for knowing the person was intoxicated and serving him anyway, or knowing that the person would become intoxicated.

Another type of dramshop claim is when a person who is served too much alcohol gets in a fight at the bar or outside the establishment and injures someone else. If that third party is seriously injured, he has a right to pursue compensation for his damages and hold the bar or other place of establishment liable under the Iowa dramshop liability act.

These are the two most common types of dramshop liability claims; however, there could be other types of claims involving minors. If a restaurant, bar, or any other business serves alcohol in excess to a customer (including a minor) who then causes harm to another person, the retailer can be held accountable for selling alcohol to an already intoxicated person (or minor).

There are varying degrees of comparative negligence in dramshop cases and the laws differ between states. If you have been injured by an intoxicated person, it is important to call a personal injury attorney experienced with these types of cases. Under the dramshop act, if you were injured by a drunk driver or in an assault and battery case because that intoxicated person was served too much alcohol, the establishment can be sued for personal injuries, property damages, and more.

Contact the law offices of Brady & O'Shea today at (319) 866-9277 and speak with knowledgeable attorneys who can help answer your legal questions and investigate your claim against the place of establishment to see if you have a lawsuit under the Iowa dramshop liability act.