TABC Certification Practice Test (Texas)· Texas Alcoholic Beverage Commission (TABC)
For Dram Shop liability under ABC Sec. 2.02, the over-service must have been what in relation to the resulting injury or death?
Choices
- ACovered by the establishment's insurance
- BWitnessed by a police officer
- CReported within 24 hours
- DA proximate cause of the injury or deathCorrect
Answer
A proximate cause of the injury or death
Under the Texas Dram Shop Act (ABC Sec. 2.02), a provider can be held civilly liable only when serving the obviously intoxicated person was a proximate cause of the resulting injury or death.
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