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| LUTHENS LAW OFFICES |
| Des Moines Office |
| West Towers Building , Suite 206-24 |
| 1200 Valley West Drive |
| West Des Moines, Iowa 50266 |
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| Colfax Office |
| Luthens Law Building |
| Eight West Howard Street |
| Colfax, Iowa 50054 |
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| Telephone: (866) 579-3816 |
| Email: info@luthenslaw.com |
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| The workers compensation & personal injury claims and settlement attorneys at the Luthens Law Offices, P.C. are dedicated to serve their clients in central Iowa, including the cities of West Des Moines, Colfax, Sioux City, Council Bluffs, Des Moines, Fort Dodge, Ames, Cedar Rapids, Iowa City, Davenport, Dubuque, Waterloo and Burlington , and the communities that make up Woodbury, Pottawattamie, Polk, Webster, Story, Linn, Johnson, Scott, Dubuque, Black Hawk, and Des Moines counties. |
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PREMISES LIABILITY | BACK TO PRACTICE AREAS
FREQUENTLY ASKED QUESTIONS
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I. General Information on Premises Liability
II. Types of Premises Liability
A. Property Safety
B. Punitive Damages
C. Trespassing Children
D. Slip and Fall
E. Dog Bites
F. Elevators
G. Swimming Pools
H. Stadiums
I. Scope of Employment
J. Independent Contractors
K. Negligent Hiring and Retention
L. False Arrest and Imprisonment
N. Malicious Prosecution
O. Libel and Slander
P. Emotional Distress-Negligent or Intentional
III. Owner vs. Landlord Responsibilities
IV. Criminal Acts of Third Parties
A. Anticipation of Criminal Acts
B. Failure to Act
C. No Liability Situations
V. Alcohol Liability
VI. Governmental Immunity |
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Alcohol Liability
Alcohol related traffic fatalities were 39% in 2005.1 Not all of the drivers in these crashes drank alcohol at home. They may have been at a friend’s home, a party, or the bar on the corner. The alcohol may have been purchased at a convenience store, where they purchased more while under the influence. The fact is that anyone that willfully or knowingly sells or furnishes alcohol to someone they know will be driving, they may be held liable for any injuries or deaths that is shown to be specifically caused by the act of serving, furnishing or selling the alcohol. It must be proven, such as in the case of grocery or convenient stores, that the person receiving the alcohol was noticeably intoxicated. Expert testimony may prove the person was noticeably intoxicated due to the blood alcohol content, even if witnesses state otherwise.
Underage drinkers will use false identification cards to obtain alcohol. When these are used, it is possible the owner or an employee of the owner may not knowingly sell alcohol to the minor. If an owner or employee should have known the purchaser was underage, it is a criminal act in itself to sell the alcohol to them. Liability for injuries attributed to the sale is extremely possible. An owner is not liable for damages from injuries linked to the sale of alcohol to underage friends of a driver if it was not known the driver was also underage and the alcohol may be consumed by the driver. The owner is still guilty of a criminal act of selling alcohol to minors in this case.
The actual consumer of alcohol may not recover any damages for personal injury from anyone that provided the alcohol. Passengers riding with the intoxicated driver, however, may be able to recover damages, even when both parties were drinking. Injuries not caused by the operation of a motor vehicle, such as falling down, may not be recovered. Owners that do not live in or on commercial property, or do not have a license to sell alcohol, are not liable unless they provide consent to drink on their property.
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DISCLAIMER: The information you obtain at our firm web site is not, nor is it intended to be, legal advice. It is recommended that you should consult an attorney for individual advice regarding your own situation.
Copyright © MMVII JAKOBIE
If you would like to schedule a free initial consultation contact an attorney representing clients in Ames, Iowa at the Luthens Law Offices, P. C.. Give us a call at (866) 579-3816 or email us at Info@luthenslaw.com.
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