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Are there special time limits for an Iowa dramshop claim?

A: Yes, under Iowa law a written notice must be served or delivered by certified mail upon the holder of the liquor license within 6 months of the date of injury. Also, just like in other personal injury claims generally a case must be settled or a lawsuit on file within 2 years of the date of injury.  While we always recommend that you take action several months before the 2 year time limit expires there is a recent Iowa Court of Appeals case which may provide additional time in Iowa Dramshop claim. 

Davis v. R&D Driftwood, Inc., File No. 9-101/08-0833 (Iowa Ct. App. 3/11/09).  (Because the legislature mandated that no right exists to institute or maintain a dram shop action until timely notice is given, it follows the action does not accrue until timely notice under section 123.93 is given. Therefore, Davis’s action did not accrue until he served timely notice pursuant to section 123.93 on January 10, 2006. Since his lawsuit was filed within two years of the date of notice, his suit was timely filed. We reverse the district court’s dismissal and remand for further proceedings.)