Smart Serve Practice Test · Question
When can a server be held personally liable for injuries caused by an intoxicated patron they served?
Servers can be held personally liable, alongside the licensee, if they are negligent in their duties, such as knowingly serving an already intoxicated individua
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Question: When can a server be held personally liable for injuries caused by an intoxicated patron they served?
Answer options:
- Only if they physically assaulted the patron. ✅ If they knowingly continued to serve an intoxicated patron who then caused harm.
- Never, as only the licensee is liable.
- Only if they are the owner of the establishment.
Correct answer: If they knowingly continued to serve an intoxicated patron who then caused harm.
Explanation: Servers can be held personally liable, alongside the licensee, if they are negligent in their duties, such as knowingly serving an already intoxicated individual who then causes harm to themselves or others (option B). This is a crucial aspect of a server's legal responsibility. Option A is incorrect as liability extends beyond physical assault by the server. Option C is incorrect as personal liability can apply. Option D is incorrect as any server, regardless of ownership, can be held liable.
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Question explanations
- In Ontario, what is the minimum legal drinking age?
- What is considered a 'standard drink' in Ontario for regular beer (5% alcohol)?
- What is considered a 'standard drink' of beer in Ontario for purposes of measuring alcohol intake?
- What is a major indicator that a person may be serving alcohol illegally?
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