Liability and Legal Consequences Flashcards

What legal concept can hold a licensee responsible for harm caused to a third party by an intoxicated patron they served?

Answer: Host liability

Host liability holds licensees and servers legally responsible for harm caused to others by patrons they negligently over-served.

Which body is responsible for enforcing the Alberta Gaming, Liquor and Cannabis Act?

Answer: Alberta Gaming, Liquor and Cannabis (AGLC)

The AGLC is the regulatory authority that administers and enforces the AGLCA, including issuing licences and taking action against non-compliant licensees.

What is a licensee's primary 'duty of care' under Alberta law regarding alcohol service?

Answer: To take reasonable steps to prevent foreseeable harm to patrons and the public

Duty of care requires licensees to take reasonable steps to prevent foreseeable harm to both patrons and third parties who may be affected by over-service.

What legal defence is available to a server who took all reasonable steps to prevent serving an intoxicated patron?

Answer: Due diligence

Due diligence is a legal defence demonstrating the server took all reasonable precautions, such as monitoring consumption and refusing service when needed.

Which action BEST demonstrates due diligence in responsible alcohol service?

Answer: Keeping written records of service refusals and intoxication incidents

Written records of refusals and incidents provide tangible evidence that the licensee actively monitored and managed alcohol service responsibly.

If a patron leaves a licensed establishment visibly intoxicated and later causes a car accident, which parties could face legal liability?

Answer: Both the server who served them and the licensee

Under host liability, both the server who over-served the patron and the licensee who employs them can be held legally responsible for resulting harm.

What type of legal action involves a victim suing an establishment for damages resulting from being served while intoxicated?

Answer: Civil lawsuit

A civil lawsuit allows a victim to seek financial compensation from a licensee for damages caused by negligent alcohol service, separate from any criminal or regulatory proceedings.