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ProServe Practice Test · Question

A server continues to serve alcohol to a visibly intoxicated customer, who then drives home and causes a collision. Who can be held liable in Alberta?

In Alberta, under 'Dram Shop' laws and common law principles of negligence, both the server who over-served and the licensee (the bar or restaurant owner) can b

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Question: A server continues to serve alcohol to a visibly intoxicated customer, who then drives home and causes a collision. Who can be held liable in Alberta?

Answer options:

  • Only the intoxicated driver.
  • Only the server who continued to serve the alcohol. ✅ The server, the licensee (establishment), and potentially the intoxicated driver.
  • No one, as the driver is solely responsible for their actions once they leave the premises.

Correct answer: The server, the licensee (establishment), and potentially the intoxicated driver.

Explanation: In Alberta, under 'Dram Shop' laws and common law principles of negligence, both the server who over-served and the licensee (the bar or restaurant owner) can be held liable for damages or injuries caused by an intoxicated patron they served. The intoxicated driver is also liable for their actions. This concept emphasizes shared responsibility for preventing harm. Option D is incorrect as liability extends beyond the driver.

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