California Responsible Beverage Service (RBS) Alcohol Practice Exam

What can an alcohol server be held liable for if a patron becomes intoxicated and injures themselves?

1. Strict liability

2. General negligence

3. Criminal negligence

4. Vicarious liability

The correct answer is: General negligence

An alcohol server can be held liable under the principle of general negligence if a patron becomes intoxicated and suffers injuries as a result. This concept is based on the responsibility of individuals to act with reasonable care to avoid foreseeable harm to others. In the context of alcohol service, if a server continues to serve a patron who is visibly intoxicated, and that patron later injures themselves, the server may be found negligent for failing to stop serving alcohol when it was clear that the patron had reached a level of intoxication that posed a risk to themselves. General negligence involves proving that the server owed a duty of care to the patron, breached that duty, and resulted in harm that was a direct consequence of that breach. This means that if it can be shown that the server had the ability to prevent further alcohol consumption, yet chose not to, they may be liable for any ensuing injuries. Other options, such as strict liability, focus on liability without proving negligence, but this typically applies to inherently dangerous activities or defective products rather than the service of alcohol. Criminal negligence pertains to more egregious conduct that shows a disregard for human life and safety, implying a harsher standard than general negligence. Vicarious liability involves holding an employer responsible for the actions of