Excerpt from Term Paper:

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Generally, the vicarious liability of the business for the actions of their patrons after

leaving the establishment is based in negligence. Specifically, they are responsible for

the negligent action of their bartenders for continuing to serve alcohol to patrons who are

already intoxicated. Bartenders are also responsible for their own negligence, but as a

practical matter, claims are usually brought against the employer or business owner, or

against the owner and bartender, jointly. In many respects, the moral liability of

bartenders and bar owners (bartenders) is actually much broader than currently defined

by enforceable legislation (Miller 1999)

Thesis Statement:

Bartenders are morally responsible for harms caused by the intoxication

of their customers because they either know or should know that their

professional conduct may contribute directly to increasing the likelihood

of those potential harms. This moral duty extends far beyond the narrow

definitions and standards expressed in civil vicarious liability laws and in

penal laws regulating business establishments serving alcohol......

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