Maine Revised Statutes Title 28-A Sec. 2506 – Negligent service of liquor; liability
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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).]
Terms Used In Maine Revised Statutes Title 28-A Sec. 2506
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Intoxicated individual: means an individual who is in a state of intoxication as defined by this Act. See Maine Revised Statutes Title 28-A Sec. 2503
- Liquor: means spirits, wine, malt liquor or hard cider, or any substance containing liquor, intended for human consumption, that contains more than 1/2 of 1% of alcohol by volume. See Maine Revised Statutes Title 28-A Sec. 2
- Minor: means a person who has not reached the age of 21 years. See Maine Revised Statutes Title 28-A Sec. 2
- Person: means an individual, partnership, corporation, firm, association or other legal entity. See Maine Revised Statutes Title 28-A Sec. 2
- Premises: includes the place where an incorporated civic organization sells or serves spirits, wine and malt liquor under a license obtained under section 1071. See Maine Revised Statutes Title 28-A Sec. 2
- Server: means a person who sells, gives or otherwise provides liquor to an individual. See Maine Revised Statutes Title 28-A Sec. 2503
- Visibly intoxicated: means a state of intoxication accompanied by a perceptible act, a series of acts or the appearance of an individual which clearly demonstrates a state of intoxication. See Maine Revised Statutes Title 28-A Sec. 2503
2. Negligent service to a visibly intoxicated individual. A server who negligently serves liquor to a visibly intoxicated individual is liable for damages proximately caused by that individual’s consumption of the liquor.
[PL 1987, c. 45, Pt. A, §4 (NEW).]
3. Negligent conduct. Service of liquor to a minor or to an intoxicated individual is negligent if the server knows or if a reasonable and prudent person in similar circumstances would know that the individual being served is a minor or is visibly intoxicated.
[PL 1987, c. 45, Pt. A, §4 (NEW).]
4. Server‘s knowledge of individual’s consumption. A server is not chargeable with knowledge of an individual’s consumption of liquor or other drugs off the server’s premises, unless the individual’s appearance and behavior, or other facts known to the server, would put a reasonable and prudent person on notice of such consumption.
[PL 1987, c. 45, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW).