What is the difference between negligence and recklessness when it comes to liquor liability?
The difference between negligence and recklessness when it comes to liquor liability law in Washington is that negligence is a lack of care while recklessness is a disregard for consequences. If a liquor store or bar owner is negligent in Washington, they can be held responsible if a patron becomes intoxicated and causes injury or damage to someone else. This can include serving a minor, overserving a patron, serving someone who appears intoxicated, or failing to properly supervise the premises. On the other hand, recklessness is more than just a lack of care; it involves a conscious disregard of the potential consequences, such as knowingly serving minors or a clearly intoxicated patron. This can be seen as a more serious form of negligence and can result in more significant civil or criminal liability for the person who served the liquor. In either case, it’s important for liquor store owners and bar owners to take extra precautions and have policies in place that protect their business from liability. This can include having age identification procedures in place, tracking the number of drinks served, and having a designated driver policy to ensure that patrons don’t get behind the wheel after drinking.
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