Maine Revised Statutes Title 28-A Sec. 2504 – Plaintiffs
Current as of: 2023 | Check for updates
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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).]
Terms Used In Maine Revised Statutes Title 28-A Sec. 2504
- 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
- Person: means an individual, partnership, corporation, firm, association or other legal entity. 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
2. Persons who may not bring suit. The following may not bring an action under this Act against a server for negligently serving liquor to an individual:
A. The intoxicated individual if the intoxicated individual is at least 18 years of age when served by the server; [PL 2021, c. 658, §281 (AMD).]
B. The estate of the intoxicated individual if the intoxicated individual was at least 18 years of age when served by the server; and [PL 1987, c. 45, Pt. A, §4 (NEW).]
C. Any person asserting claims arising out of the personal injury or death of the intoxicated individual if the intoxicated individual was at least 18 years of age when served by the server. [PL 1987, c. 45, Pt. A, §4 (NEW).]
[PL 2021, c. 658, §281 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 2021, c. 658, §281 (AMD).