TAM Liability & Legal Consequences 3 — Questions and Answers
Question 1: Under Maryland law, what blood alcohol concentration (BAC) is the legal limit for operating a motor vehicle?
- 0.05%
- 0.06%
- 0.08% (Correct answer)
- 0.10%
Correct answer: 0.08%
Maryland, like all U.S. states, sets the per se DUI limit at 0.08% BAC for drivers 21 and older.
Question 2: A licensee sells alcohol to a minor who later dies from alcohol poisoning. What is the MOST serious criminal charge the licensee could face?
- Misdemeanor sale to a minor
- Civil infraction only
- Felony manslaughter or criminal negligence (Correct answer)
- License suspension only
Correct answer: Felony manslaughter or criminal negligence
When sale to a minor results in death, Maryland prosecutors may pursue felony charges such as involuntary manslaughter in addition to liquor law violations.
Question 3: Which scenario best illustrates 'negligent entrustment' in an alcohol service context?
- Serving a guest who later spills a drink on another patron
- Providing a visibly drunk patron a car key they left at the bar (Correct answer)
- Accidentally serving non-alcoholic beer to an adult
- Selling a six-pack to someone who shows a valid out-of-state ID
Correct answer: Providing a visibly drunk patron a car key they left at the bar
Returning car keys to an obviously intoxicated person creates negligent entrustment liability because the server enables a foreseeable danger.
Question 4: An employee who is TAM-certified serves alcohol to a visibly drunk patron against establishment policy. Who bears legal liability?
- Only the employee, since they violated policy
- Only the employer, since the employee was on duty
- Both the employee and employer may share liability (Correct answer)
- Neither, because TAM certification provides immunity
Correct answer: Both the employee and employer may share liability
Maryland law can hold both the individual server and the employing establishment liable — certification does not eliminate personal or vicarious liability.
Question 5: What is 'contributory negligence' as it applies to dram shop cases in Maryland?
- The establishment's negligence that contributes to a patron's injury
- The plaintiff's own negligence that bars or reduces their recovery (Correct answer)
- A server's failure to contribute to the tip pool
- The state's role in contributing to over-serving by under-staffing inspectors
Correct answer: The plaintiff's own negligence that bars or reduces their recovery
Maryland follows contributory negligence, meaning a plaintiff who is even partially at fault may be barred from recovering damages.
Question 6: A TAM certification card is valid for how long in Maryland before requiring renewal?
- 1 year
- 2 years
- 3 years (Correct answer)
- 5 years
Correct answer: 3 years
Maryland TAM certifications are valid for three years, after which the server must complete a new approved training program.
Question 7: Which action by an establishment BEST demonstrates 'due diligence' that may reduce liability in a dram shop lawsuit?
- Posting a 'drink responsibly' sign near the exit
- Keeping dated training records showing all servers hold current TAM certification (Correct answer)
- Offering happy-hour specials only on weekdays
- Installing additional security cameras at the bar
Correct answer: Keeping dated training records showing all servers hold current TAM certification
Documented, up-to-date responsible-service training for all staff is the strongest evidence of systemic due diligence in court.
TAM Liability & Legal Consequences 3
Under Maryland law, what blood alcohol concentration (BAC) is the legal limit for operating a motor vehicle?