TAM Liability & Legal Consequences 2 — Questions and Answers
Question 1: Under Maryland's dram shop liability, which party can typically sue an alcohol vendor after an injury caused by an intoxicated patron?
- Only the intoxicated patron themselves
- Third parties injured by the intoxicated person (Correct answer)
- Only law enforcement agencies
- Only the vendor's insurance company
Correct answer: Third parties injured by the intoxicated person
Maryland dram shop law allows injured third parties — such as people hurt in a drunk-driving crash — to sue the establishment that over-served the at-fault patron.
Question 2: A server continues to pour drinks for a visibly intoxicated guest who later injures a pedestrian. Which legal concept most directly applies to the server's employer?
- Comparative negligence
- Respondeat superior (vicarious liability) (Correct answer)
- Absolute immunity
- Strict product liability
Correct answer: Respondeat superior (vicarious liability)
Under respondeat superior, an employer is liable for the negligent acts of employees committed within the scope of their employment.
Question 3: What is the maximum fine a Maryland licensee can face for a single violation of alcohol service laws?
- $500
- $1,000
- $2,500 (Correct answer)
- $10,000
Correct answer: $2,500
Maryland law allows fines up to $2,500 per violation for liquor license holders found in breach of alcohol service regulations.
Question 4: A bartender is criminally charged for serving alcohol to a minor. Which defense is LEAST likely to be accepted by a Maryland court?
- The ID presented appeared authentic and was checked in good faith
- The minor was accompanied by a parent who authorized the sale
- The establishment had a written policy against serving minors
- The bartender was unaware the patron was under 21 (Correct answer)
Correct answer: The bartender was unaware the patron was under 21
Ignorance of a patron's age is not a valid defense in Maryland; servers are legally obligated to verify age before serving.
Question 5: Which Maryland agency is primarily responsible for investigating complaints against liquor license holders?
- Maryland State Police
- Maryland Comptroller's Office
- The local alcohol licensing board (Correct answer)
- Maryland Department of Labor
Correct answer: The local alcohol licensing board
Local alcohol licensing boards (boards of license commissioners) handle complaints, investigations, and disciplinary hearings for establishments in their jurisdiction.
Question 6: What does it mean when a Maryland establishment has its liquor license 'suspended'?
- The license is permanently revoked
- Alcohol service must stop for a defined period (Correct answer)
- The establishment may only serve beer and wine
- The owner must pay a fine but may continue serving
Correct answer: Alcohol service must stop for a defined period
A suspension halts all alcohol service for a specified number of days or weeks while the license itself remains intact.
Question 7: A patron leaves a bar visibly intoxicated and causes a fatal car accident. The bar faces civil litigation. Which factor would most INCREASE the bar's liability exposure?
- The bartender offered the patron water before they left
- Staff documented the refusal of a final drink in writing
- Security escorted the patron to a cab that the patron then dismissed
- Multiple staff members served the patron without tracking total consumption (Correct answer)
Correct answer: Multiple staff members served the patron without tracking total consumption
Failing to track cumulative consumption across multiple servers demonstrates systemic negligence and significantly increases civil liability for the establishment.
TAM Liability & Legal Consequences 2
Under Maryland's dram shop liability, which party can typically sue an alcohol vendor after an injury caused by an intoxicated patron?