In Omaha, you have the right to pursue legal action if you suffer injuries at the hands of an intoxicated minor. Under the dram shop law, the state permits you to pursue a lawsuit against the person or entity responsible for the minor’s intoxication.
Dram shop liability claims are not like standard negligence lawsuits. Though these cases are complicated, a skilled premises liability attorney at Berry Law can aid you each step of the way. An Omaha dram shop liability lawyer could provide your best chance of monetary recovery.
Filing a Dram Shop Liability Lawsuit in Omaha
Nebraska Revised Statutes Section 53-404 governs the dram shop laws in Omaha and throughout the state. According to the statute, individuals may file a claim for bodily injuries, property damages, or wrongful death following an accident that an intoxicated minor causes.
Though injured parties can pursue compensation for their own injuries and property damages, only the deceased person’s estate may file a wrongful death claim. Ultimately, you must show that the incident resulted from the negligence of an intoxicated minor. Our experienced attorneys can inform you whether a dram shop liability claim is possible in your situation.
Potential Defendants for an Accident Resulting from the Intoxication of a Minor
The dram shop statute identifies three types of people who may bear responsibility for the intoxication of a minor—social hosts, individuals who knowingly procure alcohol for minors, and retailers that sell alcohol to children. When a social host allows a minor to consume alcohol at his or her home or property, that person could bear liability for the accident.
Additionally, any individual who knowingly procures alcohol for a child can face a civil lawsuit. If you cannot prove he or she knew or should have known the child was a minor, you may have difficulty recovering compensation. If the procurement happened with the consent of and in the presence of the child’s parent or guardian, this statute does not apply.
With the help of a lawyer, you may also pursue a dram shop claim against an Omaha retailer that sold alcohol to a minor. There are multiple defenses that a defendant can use in this case. For example, a retailer may escape liability if the minor provided in writing that he or she was of legal age.
Statute of Limitations for Negligence Claims
As with all negligence lawsuits, the plaintiffs in a dram shop case must comply with the statute of limitations, which establishes your time limit for filing a lawsuit. According to state law, the deadline for dram shop liability claims is four years from the date you sustained the injury.
After this statutory period expires, the court will likely dismiss the case with prejudice. An experienced attorney can advise you on how the statute of limitations could impact your dram shop liability claim.
Speak with an Omaha Dram Shop Liability Attorney Today
If you suffered injuries at the hands of an intoxicated minor, you might have a viable claim under state dram shop laws. These claims are complex, so it is best to retain experienced legal counsel.
An Omaha dram shop liability lawyer can review your case and assist you in filing your claim. To learn more, Call Berry Law to schedule a confidential consultation right away.