When deciding whether or not to hold a drinking establishment and/or its employees liable for an alcohol-related incident, courts look at which of the following criteria?

Question

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When determining liability, courts look at the condition of the intoxicated person(s) at the time of the incident and whether or not the employee serving them should have seen that they were already "visibly intoxicated" and should no longer have been allowed alcohol service.
It is up to the bartender or server to know when a person has had enough and/or shouldn't be served alcohol at all. Many people criticize these laws in favor of holding an intoxicated individual personally responsible for their own actions. Nonetheless, alcohol service employees should be well aware of these laws and the consequences that can come with serving a person who shouldn't be served.

When Deciding Whether or Not to Hold a Drinking Establishment