Title 28-A, Title 28-A

1. Negligent service to a minor. A server who negligently serves liquor to a minor is liable for damages proximately caused by that minor's consumption of the liquor. 2. Negligent service to a visibly intoxicated individual. A server who negligently serves liquor to a visibly int…

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. 2. Reckless service to a visibly intoxicated individual. A server who recklessly serves liquor to a visibly intox…

1. Damages. Damages may be awarded for property damage, bodily injury or death proximately caused by the consumption of the liquor served by the server. 2. Damages under wrongful death and survival laws. Except as otherwise provided in this Act, damages may be recovered under Tit…

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 serve…

Defenses applicable to tort actions based on negligence and recklessness in this State may be asserted in defending actions brought under this Act.

This Act is the exclusive remedy against servers who may be made defendants under section 2505, for claims by those suffering damages based on the servers' service of liquor.

1. Named and retained. No action against a server may be maintained unless the minor, the intoxicated individual or the estate of the minor or intoxicated individual is named as a defendant in the action and is retained in the action until the litigation is concluded by trial or …

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 un…

Any action under this Act against a server alleging negligent or reckless conduct must be brought within 2 years after the cause of action accrues.

1. Responsible practices. Proof of the server's responsible serving practices is admissible as evidence that the server was not negligent or reckless. Responsible serving practices include, but are not limited to: A. The server's and server's employees attendance at an approved s…

1. Refusal to serve. No licensee is liable for damages resulting from a good faith refusal to serve liquor to any individual who: A. Fails to show proper identification of age; [PL 1987, c. 45, Pt. A, §4 (NEW).] B. Reasonably appears to be a minor; or [PL 1987, c. 45, Pt. A, §4 (…

1. Superintendent shall keep records. The Superintendent of Insurance shall collect and maintain records on the following statistics concerning liquor liability insurance in this State: A. The number and names of companies writing liquor liability insurance, either as a separate …

1. Approval of alcohol server education courses. The director of the bureau or director's designee shall approve alcohol server education courses for a period of 2 years that meet the criteria developed under this section. The director may renew approval provided the course meets…

The bureau may adopt rules for the purpose of waiving the fee for the alcohol server education course in the event of demonstrated need and inability to pay. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A.

The bureau shall provide educational services regarding retail liquor sales as follows. [PL 1997, c. 373, §170 (AMD).] 1. Seminars. The bureau shall, from time to time, conduct seminars throughout the State to provide retailers and their employees with information on changes in t…