Chicago Basset On-Premise Server Practice Test

What is one defense under the Dram Shop liabilities?

1. Negligence

2. Complicity

3. Intoxication

4. Vicarious liability

The correct answer is: Complicity

Complicity is a relevant defense under Dram Shop liabilities as it involves the potential involvement of the injured party in their own intoxication. In the context of Dram Shop laws, which govern the liability of establishments serving alcohol, if the individual who was harmed can be shown to have played a role in facilitating their own intoxication—such as by encouraging excessive drinking or being aware that they were impaired—it may limit or negate their ability to recover damages. This defense stresses the concept of personal responsibility and acknowledges that individuals have a role in their own actions, especially when it comes to consuming alcohol. While other choices may touch on liability and related concepts, they don't specifically address the nature of defenses within the framework of Dram Shop laws. Negligence generally refers to a breach of duty that causes harm, which is not a direct defense to liability in this context. Intoxication might relate to the state of the individual rather than serving as a defense for the establishment. Vicarious liability refers to holding an employer responsible for the actions of employees in the course of their duties, which is more about employer-employee relationships than a specific defense within Dram Shop legislation.