Solon Personal Injury Attorneys

Life can be abruptly altered by accidents and injuries. In such trying times, personal injury lawyers are crucial allies. They advocate for individuals affected by negligence, ensuring they receive fair compensation. This article discusses the essential role personal injury lawyers play in guiding individuals through their claims and helping people reclaim their lives.

What Has to be Proven in an Iowa Dramshop Claim?

Dramshop laws in Iowa are designed to hold establishments like bars and restaurants accountable when they serve too much alcohol to a person who then causes harm, either through a car accident or other violent actions. Here is an overview of what needs to be proven in an Iowa dramshop claim, the types of damages available, and additional related considerations.

Proving an Iowa Dramshop Claim

To successfully prove a dramshop claim in Iowa, the injured party must demonstrate that the bar or restaurant served alcohol to a person who was already visibly intoxicated or that the establishment should have reasonably known the person would become intoxicated if they continued serving alcohol. This is stipulated under Iowa Code § 123.92.

There are typically two common scenarios in these claims:

1. Drunk Driving Accidents: A patron is served too much alcohol, leaves the establishment, drives while intoxicated, and causes an accident.
2. Assaults by Intoxicated Patrons: A drunk patron becomes violent and assaults another person at the establishment.

Establishments licensed to serve alcohol are legally required to exercise reasonable care to detect signs of intoxication. If employees identify someone who has had too much to drink, they must stop serving them. This law aims to prevent the overserving of alcohol and reduce alcohol-related injuries and deaths. Furthermore, all establishments must have dramshop liability insurance to cover damages caused by their patrons.

Available Damages in a Dramshop Claim

The types of damages recoverable in a dramshop claim are similar to those in other personal injury claims. These include:

1. Medical Bills: Payment for all medical expenses related to the incident, including rehabilitation.
2. Pain and Suffering: Compensation for physical and emotional suffering, including conditions like PTSD or severe disfigurement.
3. Lost Income: Compensation for wages lost due to the inability to work, including potential future earnings.
4. Damaged Property: Costs to repair or replace property damaged in the incident, such as a vehicle.
5. Wrongful Death: Compensation for survivors of a deceased victim, covering medical and funeral expenses, lost future income, and loss of consortium.
6. Punitive Damages: Additional damages awarded if the establishment’s actions showed a willful disregard for the victim’s safety.

Legal Considerations

Plaintiff Eligibility: Only those injured by an intoxicated person can sue under the dramshop law. The intoxicated person themselves (first party) cannot file a claim against the establishment.

Social Hosts: Iowa’s dramshop law does not apply to private citizens hosting parties. It only applies to licensed vendors, such as bars and restaurants.

Notice and Time Limits: The injured party must notify the establishment of their intent to file a claim within six months of the incident. The statute of limitations to file the injury claim itself is two years from the date of the accident.

Multiple Defendants: Victims can sue both the intoxicated person and the establishment. Each defendant may be required to pay a percentage of the victim’s total damages.

We Are Here To Help

Remember, you are not alone in recovering from your injuries. We have helped thousands of Iowans through their physical, emotional, and financial recoveries. If you have questions about what you are going through, feel free to call our office for your confidential injury conference. We will take the time to listen to you and give you our advice concerning your injury matter at no cost or risk to you.

Free Book at No Cost 

If you are not ready to speak with an attorney yet but would like to learn more about Iowa injury cases including tips about how you can avoid making common costly mistakes request a copy of our Iowa Personal Injury book which includes 14 myths about Iowa injury cases and 5 things to know before hiring an attorney.

If you have specific questions about your injury matter feel free to call our office to speak with our Injury team at 641-792-3595 or use our Chat feature by clicking here 24 hours a day/7 days per week. Your information will remain confidential and there is no cost or obligation.