What is Iowa’s Dram Shop Liability Act?

Most of us have probably seen a person at a bar who is obviously intoxicated. What if that person continues to get served alcohol and decides to drive home? Why didn’t the server or bartender notice his level of intoxication? Was it because they wanted to make more money in sales and tips, or were they just too busy to notice how drunk he was?

Whatever the case, if that customer got into his car in an attempt to drive home and got into a Cedar Rapids car accident, that drunk driver as well as that establishment may be held liable for the injuries, damages or death the drunk driving accident caused, according to the Iowa Dram Shop Act.

What Are Iowa’s Dram Shop Laws?

Under Iowa’s Dram Shop Act, anyone who is harmed by an intoxicated person can sue the business that served alcohol to the intoxicated person for any of their damages or injuries they sustained.

Iowa’s Dram Shop Act also includes laws about establishments or individuals dispensing liquor to an underage person. If anyone is harmed by an intoxicated underage person, the business or person who served alcohol to a minor could be responsible, if that person knew or should have known that the minor was underage.

These civil liability laws under Iowa Code § 123.92 explain that, “Iowa’s dram shop statute is intended to place a hand of restraint on persons permitted to sell liquor and should be construed liberally to discourage the selling of excess liquor.”

According to the statute, an establishment may be liable if either of these things is true:

• A liquor licensee or permittee, bar owner or other party sells and serves liquor to an intoxicated customer when the server knew or should have known the customer was intoxicated, or
• That establishment sold and served a customer to a point where they should have known the customer would become intoxicated.

If you were injured by a drunk driver, you may have a dram shop claim against the establishment that served the person alcohol. Talk to a skilled Cedar Rapids personal injury attorney today to find out your rights. Call the law offices of Brady & O’Shea at (319) 866-9277 and speak with an attorney who can help answer your questions and investigate your Iowa dram shop claim.