Laws & LiabilityQuestion 5 of 80
The legal 'safe harbor' defense can protect an employer from Dram Shop liability only if all of the following are true EXCEPT:
a.The employer required its employees to attend a TABC-approved seller-server training program
b.The employee who served was actually certified
c.The employer guaranteed no customer would ever become intoxicated on the premises
d.The employer did not directly or indirectly encourage the employee to violate the law
Explanation
Safe harbor requires that the employer required approved training, the employee was certified, and the employer did not encourage breaking the law. No employer can guarantee that no patron ever becomes intoxicated, so that is not a safe-harbor element. Safe harbor shifts liability away from the owner when these conditions are met.
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Related questions on this topic
- The body of state law that governs the sale and service of alcohol in Texas is known as the:
- A seller-server certification issued after completing a TABC-approved training program is valid for how long?
- Under the Texas Dram Shop law, a business or its employee can be held civilly liable when they serve alcohol to a person who:
- A seller-server sells alcohol to a customer who is obviously intoxicated. Which statement about liability is correct?
- It is illegal in Texas for a seller-server to sell an alcoholic beverage to which of the following?
- Selling or serving an alcoholic beverage to a minor in Texas is generally classified as what level of criminal offense for the seller?
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