Maine Revised Statutes Title 28-A Sec. 2507 – Reckless service of liquor; liability
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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).]
Terms Used In Maine Revised Statutes Title 28-A Sec. 2507
- Alcohol: means the substance known as ethyl alcohol, hydrated oxide of ethyl or spirit of wine which is commonly produced by the fermentation or distillation of grain, starch, molasses, sugar, potatoes or other substances, and includes all dilutions and mixtures of these substances. See Maine Revised Statutes Title 28-A Sec. 2
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- 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
- 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. Reckless service to a visibly intoxicated individual. A server who recklessly 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. Reckless conduct. Service of liquor is reckless if a server intentionally serves liquor to an individual when the server knows that the individual being served is a minor or is visibly intoxicated and the server consciously disregards an obvious and substantial risk that serving liquor to that individual will cause physical harm to the drinker or to others.
For purposes of this Act, the disregard of the risk, when viewed in light of the nature and purpose of the server’s conduct and the circumstances known to the server, must involve a gross deviation from the standard of conduct that a reasonable and prudent person would observe in the same situation.
[PL 1997, c. 373, §164 (AMD).]
4. Evidence of reckless conduct. Specific serving practices that are admissible as evidence of reckless conduct include, but are not limited to, the following:
A. Active encouragement of intoxicated individuals to consume substantial amounts of liquor; [PL 1987, c. 45, Pt. A, §4 (NEW).]
B. Service of liquor to an individual who is under 18 years of age when the server has actual or constructive knowledge of the individual’s age; and [PL 1987, c. 45, Pt. A, §4 (NEW).]
C. Service of liquor to an individual that is so continuous and excessive that it creates a substantial risk of death by alcohol poisoning. [PL 1987, c. 45, Pt. A, §4 (NEW).]
[PL 1987, c. 45, Pt. A, §4 (NEW).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 1997, c. 373, §164 (AMD).