Stuart Personal Injury Attorneys

Sudden accidents and injuries can drastically alter lives. In such trying times, personal injury lawyers are crucial. They specialize in representing those harmed by negligence, helping them secure proper compensation. This article delves into the essential role personal injury lawyers play in guiding individuals through their claims and aiding in recovery.

What Has to Be Proven in an Iowa Dramshop Claim?

Dramshop laws in Iowa are designed to hold establishments accountable for the consequences of over-serving alcohol to their patrons. These laws enable victims of alcohol-related incidents to seek compensation from bars or restaurants that have served alcohol irresponsibly. Understanding the requirements and nuances of proving a dramshop claim in Iowa is crucial for affected parties seeking justice and compensation.

Proving an Iowa Dramshop Claim

There are two primary scenarios in which an Iowa dramshop claim can be proven:

1. Drunk Driving Incident: A person is served excessive alcohol at a bar or restaurant, leaves the establishment while intoxicated, gets involved in a car accident, and is subsequently charged with OWI (Operating While Intoxicated).
2. Barroom Assault: An intoxicated bar patron assaults one or more people at the bar.

Legal Requirements for Dramshop Claims

Under Iowa’s Dramshop Law, the bar owner, liquor licensee, or permittee (bartender or wait staff) can be held liable if they:
- Serve alcohol to an intoxicated person when they knew (or should have reasonably known) the person was intoxicated.
- Serve alcohol to a person to the point where they should have reasonably known the person would become intoxicated if they continued serving.

Bars and other establishments licensed to serve liquor are legally required to exercise reasonable care to detect signs of actual or suspected intoxication in their patrons. If employees identify someone who’s had too much to drink, they cannot serve them any more alcohol as stipulated by Iowa Code § 123.92.

Scope of the Dramshop Law

The Iowa Supreme Court has stated that Iowa's Dramshop Statute aims to prevent bars and restaurants from over-serving alcohol to their patrons. The law specifically applies to alcohol sold and served for consumption on the seller's premises, which excludes retail businesses like grocery stores that sell packaged liquor for off-premises consumption.

Damages in a Dramshop Case

All civil damages are available in a dramshop case, including:
- Medical bills
- Lost wages
- Damaged property
- Pain and suffering
- Wrongful death

Limitations of Dramshop Claims

First Party vs. Second Party Claims

In Iowa, only those who were injured by the intoxicated patron (referred to as the “second party”) can sue the bar or restaurant. The intoxicated person themselves (the “first party”) cannot file a dramshop claim against the establishment that served them.

Social Hosts

Iowa’s dramshop laws apply only to vendors licensed to sell alcohol, such as bars and restaurants. The law does not extend to social hosts who serve alcohol at private parties or events as specified in Iowa Code § 123.49.

Iowa Pedestrian Law and Personal Injury Claims

Pedestrian Rights and Responsibilities

In Iowa, pedestrians must obey traffic control signals and rules of the road. They have the right of way at intersections without traffic lights and when walking in both marked and unmarked crosswalks. Motorists must yield to pedestrians when entering or leaving driveways, parking lots, or alleys. Pedestrians must also yield to motorists and cyclists when crossing roads outside intersections or where pedestrian tunnels or overhead crossings are available.

Pedestrian Safety

Pedestrians must walk on the left side of the road, facing oncoming traffic, where no sidewalks are available. This positioning helps pedestrians see and react to oncoming vehicles.

Degree of Accident Fault in Personal Injury Claims

Modified Comparative Fault in Iowa

Iowa follows the modified comparative fault rule. This rule assigns a percentage of fault to each party involved in an accident. If the injured party’s fault is 51% or higher, they cannot recover damages. If their fault is 50% or less, their compensation is reduced by their percentage of fault.

Establishing Fault

Evidence such as accident reports, photographs, eyewitness statements, and police observations are crucial in establishing the other party’s responsibility. An attorney can assist in collecting and presenting this evidence to ensure a fair claim.

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.