Laws & LiabilityQuestion 28 of 80
A manager tells a new server, 'Just serve everyone fast and don't worry about the law — that's my problem.' Why is this advice dangerous for the server?
a.It isn't; the manager takes on all liability
b.The server can never be charged individually
c.Only the customer can be penalized
d.The individual server can still face criminal charges and civil liability regardless of what a manager says
Explanation
Under Texas law the seller-server is personally responsible for illegal sales and over-service, and a manager's instructions do not shield them. The server can be criminally charged and named in a Dram Shop suit even if told to ignore the law. Following the Code protects the server no matter what a supervisor says.
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Related questions on this topic
- Under the Dram Shop Act, who can potentially be held liable for injuries caused by an over-served, intoxicated patron?
- A first-time customer politely asks why you will not sell them a sixth shot in 30 minutes. The most legally sound explanation is:
- Criminal and administrative penalties for illegal alcohol sales in Texas are:
- A seller-server's best overall protection against personal liability is to:
- Which of the following would violate Texas hours-of-sale rules at a standard-permit on-premise bar?
- If TABC investigators observe a bartender serving a visibly intoxicated undercover officer, the likely result is:
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