Blood Alcohol Concentration (BAC) Practice Exam

What may happen if a licensee fails to take reasonable steps to protect patrons and is negligent?

A person who suffers injury or harm may file a common law action; monetary liability may result Only criminal liability applies The licensee is never liable under common law Only if there is a contract

Correct Answer:

A person who suffers injury or harm may file a common law action; monetary liability may result

Explanation:

When a licensee’s failure to take reasonable steps to protect patrons amounts to negligence, the harmed person can pursue civil liability in a common-law tort. This means a lawsuit seeking monetary damages for injuries, medical costs, lost wages, and other losses caused by the licensee’s breach of the duty of care. Civil liability arises from the negligent conduct itself, not from criminal statutes, and it does not require a contract to exist. While criminal charges could also occur if laws are violated, the typical and direct consequence of negligence toward patrons is a civil action for monetary damages.

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