Pursuant to Iowa law, any person who is injured by an intoxicated person has the right to bring an action against any licensee or permittee who sold and served beer, wine, or other intoxicating liquor to the intoxicated person when the licensee or permittee knew or should have known the person was intoxicated, or who sold to and served the person to a point where the licensee or permittee knew or should have known the person would become intoxicated. Iowa Code §123.92. The injured person must give written notice, however, within six (6) months of the occurrence of the injury to either the licensee or permittee or to the licensee or permittee’s insurance carrier of that person’s intention to bring an action pursuant to Iowa’s dram shop statute. Iowa Code §123.93. Such written notice must indicate the time, place, and circumstances causing the injury. Iowa Code §123.93. Iowa courts have held that if an injured person or their legal representative fails to give written notice pursuant to Iowa Code §123.93 within six months, that person is forever barred from bringing a claim under Iowa’s dram shop statute.
