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Serving It Right Practice Test · Question

When can a server be held personally liable for damages caused by an intoxicated patron they served?

Servers can be held personally liable if they fail to uphold their duty of care by over-serving a patron who then causes harm, demonstrating a lack of due dilig

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Question: When can a server be held personally liable for damages caused by an intoxicated patron they served?

Answer options:

  • Only if they served a minor ✅ If they over-served the patron and failed in their duty of care
  • Only if the patron caused property damage
  • Never, as the establishment is always solely responsible

Correct answer: If they over-served the patron and failed in their duty of care

Explanation: Servers can be held personally liable if they fail to uphold their duty of care by over-serving a patron who then causes harm, demonstrating a lack of due diligence.

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