Iowa Code

Iowa Code § 123.93 (2026)

Limitation of action

✓ current as of July 2026
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Within six months of the occurrence of an injury, the injured person shall give written notice to the licensee or permittee or such licensee’s or permittee’s insurance carrier of the person’s intention to bring an action under this section, indicating the time, place and circumstances causing the injury. Such six months’ period shall be extended if the injured party is incapacitated at the expiration thereof or unable, through reasonable diligence, to discover the name of the licensee, permittee, or person causing the injury or until such time as such incapacity is removed or such person has had a reasonable time to discover the name of the licensee, permittee or person causing the injury. [C73, 75, 77, 79, 81, §123.93]

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Notes of Decisions
Cited in 17 cases, 1977–2020 · leading case: Grovijohn v. Virjon, Inc., 643 N.W.2d 200 (Iowa 2002).
Grovijohn v. Virjon, Inc., 643 N.W.2d 200 (Iowa 2002). · cites it 18× “The district court granted Virjon’s motion concluding Grovijohn’s notice was untimely and he failed to establish any of the exceptions to the six-month notice requirement under the statute.”
Harryman v. Hayles, 257 N.W.2d 631 (Iowa 1977). · cites it 14× “In a case involving another short-notice statute, we recently held filing a petition was enough to satisfy the notice requirement of § 123.93, our dram shop statute. Harrop v.”
Arnold v. Lang, 259 N.W.2d 749 (Iowa 1977). · cites it 20× “Plaintiff appeals from pretrial dismissal of his dram shop action for failure to comply with the claim notice provision of Section 123.93, The Code 1973. We affirm.”
Ehlinger Ex Rel. Ehlinger v. Mardorf, 285 N.W.2d 27 (Iowa 1979). · cites it 29× “In this case of first impression we must determine whether a minor is “incapacitated” within the meaning of section 123.93, The Code 1977, the notice of claim provision of the dram shop statute.”
Berte v. Bode, 692 N.W.2d 368 (Iowa 2005). · cites it 6× “Iowa Code § 123.93 . No notice was filed on behalf of Chad Berte individually.”
Harrop v. Keller, 253 N.W.2d 588 (Iowa 1977). · cites it 11× “The central issue is a claimed violation of the notice requirement of § 123.93, The Code. The trial court held the notice requirement had not been met and dismissed the petition.”
Harden v. State, 434 N.W.2d 881 (Iowa 1989). · cites it 4× “For example, Iowa Code section 123.93 (1987), the statute of limitations for the dram shop law, provides: Such six-months period shall be extended if the injured party is incapacitated at the expiration thereof .”
Snyder v. Davenport, 323 N.W.2d 225 (Iowa 1982). · cites it 5× “Further, the current statutory scheme requires a claimant to give notice to the dram shop operator, section 123.93, The Code (enacted by Act of June 16, 1971, ch.”
Shasteen v. Sojka, 260 N.W.2d 48 (Iowa 1977). · cites it 8× “Three of defendant’s five assignments of error relate to the requirements of § 123.93, The Code. That section provides: *50 “Within six months of the occurrence of an injury, the injured person shall give written notice to the licensee or permittee or such licensee’s or…”
Schreier v. Sonderleiter, 420 N.W.2d 821 (Iowa 1988). · cites it 6× “See Iowa Code § 123.93 (1983). Eighteen months later, Sonderleiter filed a third-party petition for contribution against Edward Cunningham d/b/a Concession Spot No.”
Evjen v. Brooks, 372 N.W.2d 494 (Iowa 1985). · cites it 6× “Iowa Code § 123.93 (1981). The notice to Southland and the 7-Eleven store complied with these requirements.”
Enochs v. City of Des Moines, 314 N.W.2d 378 (Iowa 1982). · cites it 4× “2d 27, 29 (Iowa 1979) (“Sections 123.93 and 613A.5 are alike in giving the injured person the responsibility for giving notice.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.