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 settlement.

[PL 1987, c. 45, Pt. A, §4 (NEW).]

Terms Used In Maine Revised Statutes Title 28-A Sec. 2512

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • 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
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Minor: means a person who has not reached the age of 21 years. See Maine Revised Statutes Title 28-A Sec. 2
  • Plaintiff: The person who files the complaint in a civil lawsuit.
  • Server: means a person who sells, gives or otherwise provides liquor to an individual. See Maine Revised Statutes Title 28-A Sec. 2503
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
2. Several but not joint liability. The intoxicated individual and any server, as described in section 2505, are each severally liable and not jointly liable for that percentage of the plaintiff‘s damages which corresponds to each defendant’s percentage of fault as determined by the court or a jury.

[PL 1987, c. 45, Pt. A, §4 (NEW).]

SECTION HISTORY

PL 1987, c. 45, §A4 (NEW).
  Previous section
Next section  
 Chapter 100 Contents