In Iowa what is a dram shop notice and what is in a dram shop notice?

Iowa – What to do when you are in an accident with a drunk driver.

In Iowa, a dram shop notice is a legal requirement that must be fulfilled if someone intends to file a lawsuit against an establishment that served alcohol to a person who later caused injury or damage, such as in a drunk driving accident. This notice is a crucial step in pursuing a claim under Iowa’s dram shop law. It is a fairly simple step, but even lawyers have been known to miss it. When we sign up a new client it immediately gets put in our calendar’s tickler system.

Purpose of a Dram Shop Notice:

The dram shop notice serves to inform the alcohol-serving establishment (such as a bar or restaurant) of the potential claim against them. It gives the establishment an opportunity to investigate the incident and potentially address the claim before a lawsuit is formally filed.

Timing of the Notice:

120-Day Requirement: In Iowa, the dram shop notice must be provided to the establishment within 120 days of the incident that caused the injury or damage. Failing to provide this notice within the required time frame can result in the loss of the right to pursue a dram shop claim against the establishment.

Contents of a Dram Shop Notice:

A valid dram shop notice in Iowa typically includes the following elements:

Identification of the Incident: A description of the date, time, and location of the incident that gave rise to the potential claim.
Description of the Injuries or Damages: An explanation of the injuries sustained or the damages incurred as a result of the incident. It can state the person suffered serious personal injuries or death.
Identification of the Alleged Offender: The name of the individual who caused the injury or damage (e.g., the drunk driver), and any pertinent details about their intoxication at the time of the incident. You basically identify the drunk driver.
Assertion of Liability: A statement indicating that the establishment served alcohol to the individual who was intoxicated and that this action is believed to have contributed to the incident. Bar owners often own more than one establishment, so you have to let them know the one where you believe the drunk driver was sold and served the booze.
Intent to File a Claim: A clear indication that the injured party intends to pursue a claim under Iowa’s dram shop laws. This means exactly what it says. It is always helpful to name the lawyer who is in charge of the case.

Delivery of the Notice:

Method of Service: The dram shop notice must be served to the establishment in a manner that ensures proper delivery. This typically involves sending the notice via certified mail with a return receipt requested, or through another verifiable method of delivery. Checking the Iowa Secretary of State’s website after checking with the Iowa liquor control commission is the way to go and it is the method we use.

Role of an Attorney:

Legal Assistance: Given the strict requirements and the potential consequences of not providing a proper dram shop notice, it is often advisable to work with an attorney. An attorney can ensure that the notice is correctly drafted and timely served, preserving the right to pursue a dram shop claim.

Consequences of Not Serving a Notice:

Barred Claim: If a dram shop notice is not properly served within the 120-day period, the injured party will be barred from bringing a dram shop lawsuit against the establishment. This underscores the importance of meeting this legal requirement. This means exactly what it says.

Conclusion:

A dram shop notice in Iowa is a formal notification to an alcohol-serving establishment of a potential claim under the state’s dram shop laws. It must be served within 120 days of the incident and include specific details about the incident, injuries, and the intent to file a claim. Properly serving this notice is a critical step in preserving the right to seek compensation from the establishment, and it’s often advisable to consult with an attorney to ensure all legal requirements are met.

While it is possible to pursue a claim against a bar on your own, hiring a lawyer is often advisable. A lawyer’s expertise can be crucial in building a strong case, negotiating a fair settlement, and ensuring that you receive the compensation you deserve. If the case involves significant damages or if the bar is likely to contest liability, having a lawyer can greatly increase your chances of success.

The Lombardi Law Firm is a personal injury firm with a long history of recovering substantial sums while caring about our client’s future. If you have questions about your legal options, or would like to just talk with a lawyer, call the Lombardi Law Firm. There is no charge to talk with us. If we take your case, you will not be charged unless there is a recovery. We will bring in other lawyers if we think it is advisable.

Call 1-515-222-1110 or send Steve an email at sdlombardi@aol.com.