28-A §2501. Short title

§2501. Short title This Act shall be known and may be cited as the “Maine Liquor Liability Act.”   [PL 1987, c. 45, Pt. A, §4 (NEW).] SECTION HISTORY PL 1987, c. 45, §A4 (NEW).

28-A §2502. Purposes

§2502. Purposes 1.  Primary legislative purpose.  The primary legislative purpose of this Act is to prevent intoxication-related injuries, deaths and other damages among the State’s population.   [PL 1987, c. 45, Pt. A, §4 (NEW).] 2.  Secondary purposes.  The secondary legislative purposes are to:   A. Establish a legal basis for obtaining compensation for those […]

28-A §2503. Definitions

§2503. Definitions As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings.   [PL 1987, c. 45, Pt. A, §4 (NEW).] 1.  Intoxicated individual.  “Intoxicated individual” means an individual who is in a state of intoxication as defined by this Act.   [PL 1987, c. 45, Pt. A, […]

28-A §2504. Plaintiffs

§2504. Plaintiffs 1.  Persons who may bring suit.  Except as provided in subsection 2, any person who suffers damage, as provided in section 2508, may bring an action under this Act, against a server for negligently or recklessly serving liquor to an individual.   [PL 1987, c. 45, Pt. A, §4 (NEW).] 2.  Persons who […]

28-A §2505. Defendants

§2505. Defendants 1.  Licensee as a defendant.  Any server who is a licensee or employee or agent of a licensee who commits an act giving rise to liability, as provided in sections 2506 and 2507, may be made a defendant to a claim under this Act.   [PL 1987, c. 45, Pt. A, §4 (NEW).] […]

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 […]

28-A §2516. Privileges

§2516. Privileges 1.  Refusal to serve.  No licensee is liable for damages resulting from a good faith refusal to serve liquor to any individual who:   A. Fails to show proper identification of age;   [PL 1987, c. 45, Pt. A, §4 (NEW).] B. Reasonably appears to be a minor; or   [PL 1987, c. […]

28-A §2517. Insurance records

§2517. Insurance records 1.  Superintendent shall keep records.  The Superintendent of Insurance shall collect and maintain records on the following statistics concerning liquor liability insurance in this State:   A. The number and names of companies writing liquor liability insurance, either as a separate line or in a large policy;   [PL 1987, c. 45, […]

28-A §2518. Informal evaluation (REPEALED)

§2518. Informal evaluation (REPEALED) SECTION HISTORY PL 1987, c. 45, §A4 (NEW). PL 1997, c. 373, §165 (RP).

28-A §2519-A. Rules

§2519-A. Rules The bureau may adopt rules for the purpose of waiving the fee for the alcohol server education course in the event of demonstrated need and inability to pay. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A.   [PL 1999, c. 519, §9 (NEW).] […]

28-A §2519. Approval of alcohol server education courses

§2519. Approval of alcohol server education courses 1.  Approval of alcohol server education courses.  The director of the bureau or director’s designee shall approve alcohol server education courses for a period of 2 years that meet the criteria developed under this section. The director may renew approval provided the course meets the criteria applicable at […]