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Smart Serve Practice Test · Question

Which of the following scenarios is LEAST likely to result in a server being held civilly liable for damages under the Occupiers' Liability Act or common law?

Civil liability most often arises when a server serves alcohol to an intoxicated person who then causes harm to themselves or others. Refusing service to a cust

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Question: Which of the following scenarios is LEAST likely to result in a server being held civilly liable for damages under the Occupiers' Liability Act or common law?

Answer options:

  • Serving an obviously intoxicated customer who then stumbles and falls, injuring themselves on the premises.
  • Serving an intoxicated customer who subsequently drives home and causes a car accident. ✅ Refusing service to a customer who then leaves the premises and safely walks home.
  • Serving a group of minors who become intoxicated and cause property damage outside the establishment.

Correct answer: Refusing service to a customer who then leaves the premises and safely walks home.

Explanation: Civil liability most often arises when a server serves alcohol to an intoxicated person who then causes harm to themselves or others. Refusing service to a customer who then leaves safely (C) is a responsible action and is the least likely scenario to result in civil liability, as the server has fulfilled their duty of care. Options A, B, and D all involve serving alcohol to intoxicated individuals or minors, leading to harm, and thus carry significant civil liability risks for the server and licensee.

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