28-A §2507. Reckless service of liquor; liability
Title 28-A: LIQUORS HEADING: PL 1987, C. 45, PT. A, §4 (NEW)
Part 8: LIQUOR LIABILITY HEADING: PL 1987, C. 45, PT. A, §4 (NEW)
Chapter 100: MAINE LIQUOR LIABILITY ACT HEADING: PL 1987, C. 45, PT. A, §4 (NEW)
§2507. Reckless service of liquor; liability
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.
[ 1987, c. 45, Pt. A, §4 (NEW) .]
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.
[ 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.
[ 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; [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 [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. [1987, c. 45, Pt. A, §4 (NEW).]
[ 1987, c. 45, Pt. A, §4 (NEW) .]
SECTION HISTORY
1987, c. 45, §A4 (NEW). 1997, c. 373, §164 (AMD).