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ProServe Practice Test · Question

When can a server be held liable for harm caused by an intoxicated customer they served?

A server can be held liable, alongside the licensee, if they serve liquor to a customer who is already visibly intoxicated and that customer subsequently causes

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Question: When can a server be held liable for harm caused by an intoxicated customer they served?

Answer options:

  • Only if they personally drove the customer home.
  • Never, it's always the customer's fault. ✅ If they served the customer liquor when they were already visibly intoxicated.
  • Only if the customer consumed just one drink.

Correct answer: If they served the customer liquor when they were already visibly intoxicated.

Explanation: A server can be held liable, alongside the licensee, if they serve liquor to a customer who is already visibly intoxicated and that customer subsequently causes harm to themselves or others. This is a core principle of responsible service and licensee liability under the Gaming, Liquor and Cannabis Act.

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