A patron, who has been served several drinks over an hour, leaves the establishment and is involved in a serious accident shortly after. It is later determined they were highly intoxicated. Under the 'social host' liability or common law principles, what potential liability does the licensee face?

Question: A patron, who has been served several drinks over an hour, leaves the establishment and is involved in a serious accident shortly after. It is later determined they were highly intoxicated. Under the 'social host' liability or common law principles, what potential liability does the licensee face?

Answer options:

• No liability, as the patron chose to drive after leaving the premises. ✅ Secondary liability if it can be proven the licensee over-served the patron and failed in their duty of care.
• Primary criminal charges for gross negligence leading to the accident.
• Liability limited to a minor fine for over-serving, with no responsibility for the accident itself.

Correct answer: Secondary liability if it can be proven the licensee over-served the patron and failed in their duty of care.

Explanation: Under common law and AGLC regulations, a licensee has a duty of care to ensure patrons are not over-served. If it can be proven that a licensee or their staff over-served an intoxicated patron who then causes harm, the licensee can be held civilly liable, potentially for significant damages. Option A is incorrect as the duty of care extends to preventing harm from over-consumption. Option C is too extreme for civil liability in most over-service cases. Option D significantly understates the potential legal and financial consequences.