Were you or a loved one injured in an alcohol-related accident in Iowa? You may be able to file a lawsuit under the dram shop act, pursuing compensation from the licensed establishment that served the alcohol.
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Injured in a DUI accident in Iowa? After a severe accident, it's only reasonable to begin wondering about filing a lawsuit to secure financial damages. After all, you were hit by a drunk driver. Shouldn't they have to pay for your injuries? They should and thousands of drivers file lawsuits in similar circumstances every year. But some of those injury victims also file dram shop lawsuits.
How Iowa Dram Shop Lawsuits Work
In Iowa, bars, restaurants and nightclubs can be held accountable for serving alcohol in violation of the State's liquor laws. Think about it. The person who hit you, and caused the accident, had to have gotten drunk somewhere, like a bar or nightclub in the area. You may be able to sue the licensed establishment that overserved them.
Violations Of Iowa's Liquor Laws
In Iowa, it's against the law to serve alcohol to a minor. It's also illegal to over-serve someone who is already visibly intoxicated. These are violations of Iowa's liquor code, but they're also violations of the dram shop act. And individuals or businesses who break the dram shop law can be held accountable for doing so, if their over-service goes on to cause severe injuries.
No Social Host Liability
Dram shop liability does not extend to cover social hosts in Iowa. In some states, people who hold private parties can be held accountable for serving visibly-intoxicated guests, but that's not the case in Iowa. Social hosts in the State are shielded from liability, no matter how much their guests are allowed to drink.
Time Limits For Filing
Like every state, Iowa has a statute of limitations for Before filing your lawsuit, you are required to file a notice of claim with the lawsuit's prospective defendant. In short, you must notify the defendant that you plan to sue them. After your accident, you have six months to send your notice of claim to the defendant.
Then, you have to comply with the statute of limitations, which is 2 years, beginning on the date of your injury. File your lawsuit after the statute of limitations has run out and your case will be dismissed.