Laws & Liability第 5 / 80 题

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

解析

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.

法律依据: Texas Dram Shop Act

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