Terms Used In Maine Revised Statutes Title 28-A Sec. 2513

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Law enforcement officer: means any person who by virtue of public employment is vested by law with a duty to maintain public order, to prosecute offenders, to make arrests for crimes, whether that duty extends to all crimes or is limited to specific crimes, or to perform probation functions or who is an adult probation supervisor as defined in Title 17?A, section 2, subsection 3?C. 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
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 circumstances of any resulting damages. No error or omission in the notice voids the effect of the notice, if otherwise valid, unless the error or omission is substantially material. Failure to give written notice within the time specified is grounds for dismissal of a claim, unless the plaintiff provides written notice within the limits of section 2514 and shows good cause why notice could not have reasonably been filed within the 180-day limit. For purposes of this section, “good cause” includes but is not limited to the inability of the plaintiff to obtain investigative records from a law enforcement officer or law enforcement agency. [PL 2017, c. 77, §1 (AMD).]
SECTION HISTORY

PL 1987, c. 45, §A4 (NEW). PL 2017, c. 77, §1 (AMD).