28-A §2506. Negligent service of liquor; liability
§2506. Negligent service of liquor; liability 1. Negligent service to a minor. A server who negligently serves liquor to a minor is liable for damages proximately caused by that minor’s consumption of the liquor. [PL 1987, c. 45, Pt. A, §4 (NEW).] 2. Negligent service to a visibly intoxicated individual. A server who negligently […]
28-A §2507. Reckless service of liquor; liability
§2507. Reckless service of liquor; liability 1. Reckless service to a minor. A server who recklessly provides liquor to a minor is liable for damages proximately caused by that minor’s consumption of the liquor. [PL 1987, c. 45, Pt. A, §4 (NEW).] 2. Reckless service to a visibly intoxicated individual. A server who recklessly […]
28-A §2508. Damages
§2508. Damages 1. Damages. Damages may be awarded for property damage, bodily injury or death proximately caused by the consumption of the liquor served by the server. [PL 1987, c. 45, Pt. A, §4 (NEW).] 2. Damages under wrongful death and survival laws. Except as otherwise provided in this Act, damages may be recovered […]
28-A §2509. Limit on awards
§2509. Limit on awards 1. Limitation on damages for losses other than expenses for medical care and treatment. In actions for damages permitted by this Act, the claim for and award of damages for all losses, except expenses for medical care and treatment, including devices or aids, against both a server and the server’s employees […]
28-A §2510. Common law defenses
§2510. Common law defenses Defenses applicable to tort actions based on negligence and recklessness in this State may be asserted in defending actions brought under this Act. [PL 1987, c. 45, Pt. A, §4 (NEW).] SECTION HISTORY PL 1987, c. 45, §A4 (NEW).
28-A §2511. Exclusive remedy
§2511. Exclusive remedy This Act is the exclusive remedy against servers who may be made defendants under section 2505, for claims by those suffering damages based on the servers’ service of liquor. [PL 1987, c. 45, Pt. A, §4 (NEW).] SECTION HISTORY PL 1987, c. 45, §A4 (NEW).
28-A §2512. Named and retained; several liability
§2512. Named and retained; several liability 1. Named and retained. No action against a server may be maintained unless the minor, the intoxicated individual or the estate of the minor or intoxicated individual is named as a defendant in the action and is retained in the action until the litigation is concluded by trial or […]
28-A §2513. Notice required
§2513. Notice required Every plaintiff seeking damages under this Act must give written notice to all defendants within 180 days of the date of the server’s conduct creating liability under this Act. The notice must specify the time, place and circumstances of the server’s conduct creating liability under this Act and the time, place and […]
28-A §2514. Statute of limitations
§2514. Statute of limitations Any action under this Act against a server alleging negligent or reckless conduct must be brought within 2 years after the cause of action accrues. [PL 1987, c. 45, Pt. A, §4 (NEW).] SECTION HISTORY PL 1987, c. 45, §A4 (NEW).
28-A §2515. Evidence of responsible serving practices
§2515. Evidence of responsible serving practices 1. Responsible practices. Proof of the server’s responsible serving practices is admissible as evidence that the server was not negligent or reckless. Responsible serving practices include, but are not limited to: A. The server’s and server’s employees attendance at an approved server education training course; and [PL […]