Laws & LiabilityQuestion 19 of 80
If a business does NOT require its employees to be trained and certified, how does that affect the safe-harbor defense after an over-service lawsuit?
a.It strengthens the defense
b.It generally defeats the safe-harbor defense, leaving the employer exposed
c.It has no effect at all
d.It automatically wins the case
Explanation
Requiring approved training and having certified employees are core conditions of safe harbor. If the employer never required training, it cannot claim the defense and remains exposed to Dram Shop liability. This is a key business reason to certify every server.
Law Reference: Texas Alcoholic Beverage CodePractice all 80 questions free — no signup required.
Related questions on this topic
- Which statement about the seller-server's legal duty is MOST accurate?
- A guest is drinking heavily and mentions they are driving home. The server keeps serving. The Dram Shop Act is most concerned with which factor at the time of service?
- TABC certification benefits a seller-server by:
- A seller-server notices a coworker regularly serving obviously drunk patrons. What is the best course of action?
- Which of the following most accurately describes 'over-service'?
- Under the Dram Shop Act, who can potentially be held liable for injuries caused by an over-served, intoxicated patron?
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