Abdullah- chapter 12 questions

1 Chapter 12: Review and Discussion Questions Your Name Institution Course Date
2 Review Questions #3 When a patron who is visibly intoxicated continues to drink at two different licensees and then is in a two-car accident injuring the driver of the second car, which licensee is liable to the driver of the second car? Both licensees may be held liable for the injuries caused to the driver of the second car. The first licensee who served the visibly intoxicated patron may be held liable under the dram shop law for continuing to serve alcohol to the patron despite their apparent level of intoxication. The second licensee who served the same patron may also be held liable if they had knowledge or should have known that the patron was already intoxicated. #4 Identify three strategies for limiting dram shop liability. a) Training staff to recognize the signs of intoxication and to refuse service to patrons who are visibly intoxicated or underage. b) Implementing policies and procedures to monitor the number of drinks served to patrons, limiting the amount of alcohol that can be served in a single transaction, and monitoring the behavior of patrons to determine when to stop serving them. c) Obtaining liquor liability insurance to protect against the financial consequences of dram shop liability claims. #6 Identify five regulations some states impose on liquor licenses . a) Limiting the hours of operation for liquor licenses. b) Imposing restrictions on the sale of alcohol to minors or visibly intoxicated persons. c) Requiring liquor licenses to obtain liability insurance to cover any damages that may arise from their operations. d) Mandating alcohol training and certification for all employees who serve or sell alcohol.
3 e) Requiring liquor licensees to maintain records of all alcohol sales and to report any suspicious or illegal activity to the authorities. Discussion Question #3 Raj was a server at a bar. A customer ordered another fat tire beer. Raj knew he had served the customer several beers already. What factors should Raj consider in determining whether or not to serve the customer another drink? Raj should consider the following factors: a) The patron's level of intoxication: If the patron is visibly intoxicated, it is illegal to serve them more alcohol. b) The patron's behavior: If the patron is becoming loud, aggressive, or disruptive, it may be an indication that they have had too much to drink. c) The amount of alcohol the patron has already consumed: If the patron has already had several drinks, it may be time to cut them off. d) The amount of time the patron has been at the bar: If the patron has been drinking for an extended period, it may be time to cut them off to prevent further intoxication. e) The bar's policies and procedures: The bar may have specific guidelines for serving alcohol to patrons, and Raj should follow these guidelines to ensure compliance with the law and reduce the risk of liability. Application Question #2 A bartender at the Rascal Café, which is located in a state with a drinking age of 21 and a dram shop act, served a female who was 19 years old. She had only one drink. Due to the effects of the alcohol, she failed to stop at a red light and hit a pedestrian who was crossing the street. Is the Rascal Café liable to the pedestrian for the injuries? Why or why not?
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