During civil lawsuit proceedings regarding alcohol service, courts will try to determine if the designated driver was present and remained sober. guest’s BAC was checked throughout the evening. server recently attended proper alcohol training. server contributed to the injury.
The Correct Answer and Explanation is :
The correct answer in this situation would likely be “The server may be liable for the injury.”
Explanation:
In a civil lawsuit regarding alcohol service, the court will evaluate whether the server followed proper procedures and whether their actions contributed to the injury. Here are several key points that are relevant in determining the server’s liability:
- Designated Driver and Sobriety:
The presence of a designated driver and their ability to remain sober is crucial in alcohol-related lawsuits. If the designated driver was supposed to ensure the safety of the guest and remained sober, this could reduce liability. However, the presence of a sober designated driver does not absolve the server from responsibility if they over-served alcohol to a guest who was already intoxicated. - Blood Alcohol Concentration (BAC) Monitoring:
Monitoring a guest’s BAC is an important part of alcohol service. If the BAC of the guest was checked throughout the evening, this indicates that the server may have been aware of the guest’s level of intoxication. If the BAC was rising and the server continued to serve alcohol, it shows negligence in their duty to stop service when the guest became intoxicated. - Proper Alcohol Training:
Attending proper alcohol training suggests that the server was educated on responsible alcohol service. This training typically includes guidelines for identifying signs of intoxication, knowing when to stop serving, and understanding the risks of over-serving guests. A server who was properly trained would be expected to act in accordance with these guidelines to prevent harm. - Contribution to Injury:
If the server contributed to the injury by continuing to serve alcohol despite the guest showing signs of intoxication (e.g., elevated BAC), this could be seen as negligent behavior. Servers have a responsibility to monitor alcohol consumption and take steps to prevent accidents, including refusing service when necessary. If the server failed to fulfill this duty and the guest later caused harm, the server could be held liable.
In summary, the server’s failure to adhere to alcohol service guidelines, despite having proper training and awareness of the guest’s BAC, may lead to liability for the injury.