Maine Revised Statutes Title 28-A Sec. 2509 – Limit on awards
Current as of: 2023 | Check for updates
|
Other versions
1. Limitation on damages for losses other than expenses for medical care and treatment. In actions for damages permitted by this Act, the claim for and award of damages for all losses, except expenses for medical care and treatment, including devices or aids, against both a server and the server’s employees and agents, may not exceed $350,000 for any and all claims arising out of a single accident or occurrence.
[PL 2009, c. 247, §1 (AMD).]
Terms Used In Maine Revised Statutes Title 28-A Sec. 2509
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Server: means a person who sells, gives or otherwise provides liquor to an individual. See Maine Revised Statutes Title 28-A Sec. 2503
2. Multiple claimants. When the amount for all losses, except expenses for medical care and treatment, including devices and aids, awarded to or settled for multiple claimants, exceeds the limit imposed by this section, any party may apply to the Superior Court for the county where the server is located to allocate each claimant an equitable share of the total, limited as required by this section.
A. Any award by the court in excess of the maximum liability limit specified by subsection 1 must be automatically abated by operation of this section to the maximum limit of liability. [PL 2021, c. 658, §282 (AMD).]
[PL 2021, c. 658, §282 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 2009, c. 247, §1 (AMD). PL 2021, c. 658, §282 (AMD).