Chicago Basset On-Premise Server Practice Test

What does the defense of complicity refer to in the context of the Dram Shop Act?

1. When the intoxicated person caused harm to themselves

2. When the plaintiff contributed to or procured the intoxication

3. When the vendor acted irresponsibly in serving drinks

4. When there are no witnesses to the event

The correct answer is: When the plaintiff contributed to or procured the intoxication

The defense of complicity in the context of the Dram Shop Act pertains to the idea that a plaintiff may share responsibility for their own intoxication or any resulting harm. When this defense is invoked, it indicates that the plaintiff contributed to or actively procured their own intoxication, such as by deliberately seeking alcohol or encouraging excessive drinking. This defense can potentially limit or negate the liability of the vendor or establishment that served the alcohol. Understanding this concept is essential because it reflects a broader principle of shared responsibility in legal matters, where the actions of the intoxicated individual come into play. It highlights the importance of personal accountability when assessing damages and liability in cases related to alcohol service and consumption.