RSA - Responsible Service of Alcohol Duty of Care and Liability Questions and Answers

Question 1

A patron has been served several alcoholic drinks at a venue.
They slip on a wet floor near the bar that has no warning sign and sustain an injury.
Which legal principle is most relevant to the venue's potential liability for the injury?

Accepted Answer

Duty of care

Answer

Contractual obligation

Answer

Vicarious liability

Answer

Occupational health and safety

Question 2

What is the legal concept of 'vicarious liability' in the context of a licensed venue?

Accepted Answer

The legal responsibility a licensee may have for the actions of their staff.

Answer

The legal responsibility of patrons for their own actions.

Answer

A legal principle that only applies to incidents involving minors.

Answer

The criminal liability of a staff member who serves an intoxicated person.

Question 3

Which of the following scenarios best demonstrates a venue fulfilling its duty of care to a patron who is becoming intoxicated?

Accepted Answer

Suggesting they switch to drinks with a lower alcohol content and offering food.

Answer

Serving them one last drink before asking them to leave.

Answer

Ignoring the patron in the hope they will leave on their own.

Answer

Telling their friends to make sure they get home safely.

Question 4

A staff member serves a clearly intoxicated person, who then leaves the venue, drives a car, and causes a serious accident. Under liquor liability laws, who could potentially face legal consequences?

Accepted Answer

The driver, the staff member, and the licensee.

Answer

Only the driver of the car.

Answer

Only the staff member who served the last drink.

Answer

Only the venue's licensee.

Question 5

For a venue to be found negligent in a civil liability case, several elements must be proven. Which of the following is NOT a required element of negligence?

Accepted Answer

The venue's actions were intended to cause harm.

Answer

The venue owed a duty of care to the injured person.

Answer

The venue breached its duty of care.

Answer

The breach of duty directly caused the harm or injury.

Question 6

A venue that is found to have breached its duty of care by irresponsibly serving alcohol may face both criminal and civil liability. What is the primary difference between these two types of liability?

Accepted Answer

Criminal liability involves penalties from the state (e.g., fines, license suspension), while civil liability involves being sued for damages by an injured party.

Answer

Criminal liability involves jail time, while civil liability only involves community service.

Answer

Criminal liability applies to staff, while civil liability applies only to the licensee.

Answer

There is no significant difference; the terms are used interchangeably in liquor law.