April 18, 2018
Under Iowa Code § 123.92(1)(a), a plaintiff must demonstrate that a defendant licensee or permittee, sold and served alcohol to an allegedly intoxicated person (AIP) when it knew or should have known that the AIP was intoxicated or would become intoxicated, and that the AIP's intoxication proximately caused the plaintiff's injury. Here, the Iowa Supreme Court found that where an AIP consumed three beers in the span of four hours at a licensee's establishment, evidence of subsequent intoxication alone creates an inference that the bar sold and served beer to the AIP when it knew or should have known she was or would become intoxicated.
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