Laws & LiabilityQuestion 13 of 80
A bartender knowingly serves a visibly drunk regular 'because he's a good tipper.' Later that patron injures someone driving home. Which best describes the bartender's exposure?
a.None, because tips are legal
b.Only the owner can be sued
c.The bartender may face both criminal charges for illegal service and civil Dram Shop liability
d.The bartender is protected because the patron chose to drive
Explanation
Knowingly serving an obviously intoxicated patron exposes the bartender to a criminal charge for illegal service and to civil liability under the Dram Shop Act if that patron then harms someone. The patron's own choice to drive does not erase the server's responsibility. Good tips are never a defense.
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