TAM Card Server Legal Liabilities 2

Question 1

What type of lawsuit can a third party file against a server who over-served a patron who then caused a car accident?

Accepted Answer

A dram shop liability lawsuit for negligence

Answer

A breach of contract lawsuit

Answer

A trademark infringement lawsuit

Answer

Only the patron can be sued

Question 2

What is the difference between criminal liability and civil liability in alcohol service?

Accepted Answer

Criminal liability involves prosecution by the state for violating laws, while civil liability involves private lawsuits for monetary damages

Answer

There is no difference

Answer

Civil liability is more serious than criminal

Answer

Only managers face criminal liability

Question 3

How does having TAM certification affect a server's legal liability?

Accepted Answer

It demonstrates training and awareness, which can reduce liability but does not provide immunity

Answer

It eliminates all liability

Answer

It has no effect on legal proceedings

Answer

It automatically protects the server in court

Question 4

What personal financial risk does a server face from alcohol service liability?

Accepted Answer

Personal assets including savings, property, and wages can be at risk in civil judgments

Answer

No personal financial risk

Answer

Only the establishment's assets are at risk

Answer

Liability insurance covers everything

Question 5

Under what circumstances might a server face enhanced penalties for alcohol service violations?

Accepted Answer

When violations involve minors, result in death or serious injury, or represent repeat offenses

Answer

There are no enhanced penalties

Answer

Only for federal violations

Answer

Only if the server does not have TAM certification

Question 6

What is 'negligence per se' and how does it apply to alcohol service?

Accepted Answer

When violating a specific statute (like serving a minor) is treated as automatic evidence of negligence in a civil lawsuit

Answer

A defense against liability

Answer

A type of insurance

Answer

A TAM training module