A server is found negligent under the Liquor Licence and Control Act (LLCA) after serving an intoxicated patron who then caused a fatal car accident. What specific type of liability would the server face, in addition to potential criminal charges for the patron?

Question: A server is found negligent under the Liquor Licence and Control Act (LLCA) after serving an intoxicated patron who then caused a fatal car accident. What specific type of liability would the server face, in addition to potential criminal charges for the patron?

Answer options:

• Vicarious liability, due to the actions of the patron.
• Corporate liability, as the establishment is ultimately responsible. ✅ Personal liability, for failing in their duty of care.
• Strict liability, as any harm caused by an intoxicated patron automatically falls on the server.

Correct answer: Personal liability, for failing in their duty of care.

Explanation: Servers can face personal liability for their own negligent actions, specifically for failing in their duty of care to prevent harm by over-serving or failing to take reasonable steps to prevent an intoxicated patron from driving. While the licensee may also face vicarious or corporate liability, the server's individual actions lead to personal liability. Strict liability (D) is generally not applied in this context; negligence must be proven. Vicarious liability (A) is for the employer for the employee's actions.