Civil & Criminal LiabilityQuestion 82 of 100
Under California's general 'dram shop' rule in Bus. & Prof. Code §25602(b) and (c), can a server or licensee be held civilly liable to a third party (e.g., a victim of a drunk-driving crash) for serving alcohol to an obviously intoxicated adult?
a.Yes — California has broad dram-shop liability for serving any obviously intoxicated person
b.Yes — but only if the patron's BAC exceeds 0.15%
c.Generally NO — §25602(b)/(c) eliminate civil liability for furnishing alcohol; the narrow exception in §25602.1 allows civil liability only when alcohol is furnished to an OBVIOUSLY INTOXICATED MINOR
d.Yes — only if the server has fewer than 1 year of experience
Explanation
California Legislature abolished common-law dram-shop liability in 1978 via §25602(b)/(c), declaring the proximate cause of injury is the consumption, not the furnishing, of alcohol. §25602.1 carves out a narrow exception: civil liability lies against the seller/licensee who furnishes alcohol to a person who is BOTH obviously intoxicated AND under 21. Selling to an obviously intoxicated adult still violates §25602 criminally and risks license discipline, but generally does not create civil liability to crash victims.
Law Reference: Cal. Bus. & Prof. Code §25602(b),(c); §25602.1Practice all 100 questions free — no signup required.
Related questions on this topic
- Under Bus. & Prof. Code §25602, a server who sells alcohol to an obviously intoxicated person faces what level of criminal liability?
- In Ennabe v. Manosa (2014), the California Supreme Court extended §25602.1 civil liability to whom?
- Under California's doctrine of respondeat superior, when a server makes an unlawful sale under §25602, the licensee/employer can be held:
- ABC may suspend or revoke an alcohol license under §24200 for multiple grounds. Which of the following is a common ground?
- The burden of proof for a criminal §25602 prosecution against a server is:
- If a server is criminally charged with a §25658 sale-to-minor violation but presents proof that they checked a bona fide §25660 ID in good faith, what is the legal effect?
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