Most states have a dram shop law to deter providers of alcoholic beverages (servers, liquor stores, bars, restaurants) who sell or serve alcoholic beverages under authority of a license or permit from selling or serving alcoholic beverages to obviously intoxicated individuals.

These laws generally eliminate any liability of servers, liquor stores, bars, and restaurants when a person to whom they sell or serve alcohol causes personal injury or property damage—whether in an automobile accident, a fight, or other incident—unless the person to whom they sell or serve alcohol is obviously intoxicated.

Laws regarding dram shop liability vary from state to state and are usually located in a state’s statutes.

In Nebraska, dram shop laws are codified under the Nebraska Revised Statute 53-180. This statute holds that any licensed individual or establishment that sells or serves alcohol, such as bars, restaurants, and liquor stores, may be held liable for damages caused by an intoxicated person if it can be proven that the seller knew or should have known that the person was already intoxicated when they were served or sold alcohol. However, Nebraska's dram shop law is somewhat limited compared to other states. It does not impose liability on social hosts for the actions of their guests, and the burden of proof is on the plaintiff to demonstrate that the server or establishment was aware of the patron's intoxication. It's important for establishments that serve alcohol to be aware of these laws to mitigate potential liability and for individuals to understand their rights if they are injured by an intoxicated person who was over-served.