Dram Shop Liability Complaint - Maine

Before filing: Complete and file the separate Maine Civil Summary Sheet (CV-001) with this complaint under Me. R. Civ. P. 5(h). The official Summary Sheet does not replace this complaint.

DRAM SHOP LIABILITY COMPLAINT — MAINE

Before filing: Identify whether the server was a licensee, its employee or agent, or a nonlicensee; § 2505 treats them differently. Under § 2504(2), an intoxicated person served at age 18 or older, that person's estate, and persons claiming from that person's injury or death cannot sue the server for negligent service. Section 2513 generally requires written notice to every defendant within 180 days of the server's conduct, with a good-cause route for later notice within § 2514's two-year limit. Name and retain the served minor or intoxicated individual, or that person's estate, as a defendant under § 2512(1). Keep only factually supported counts.

STATE OF MAINE — SUPERIOR COURT

[COUNTY] COUNTY

Docket No.: [TO BE ASSIGNED]

COMPLAINT

Parties, jurisdiction, and venue

1. Plaintiff [PLAINTIFF FULL NAME] resides at [ADDRESS], [COUNTY] County, Maine, and suffered [BODILY INJURY / PROPERTY DAMAGE / OTHER LOSS] as described below. Plaintiff is [A THIRD PARTY / OTHER PERSON ELIGIBLE UNDER 28-A M.R.S. § 2504].

2. Server Defendant [LEGAL NAME] is [A LICENSEE / LICENSEE'S EMPLOYEE OR AGENT / NONLICENSEE] that [SOLD / GAVE / OTHERWISE PROVIDED] liquor to [SERVED PERSON NAME] on [DATE] at [PLACE]. The basis for naming this server under 28-A M.R.S. § 2505 is [FACTS].

3. Defendant [SERVED PERSON NAME / ESTATE NAME] is the [MINOR / INTOXICATED INDIVIDUAL / ESTATE] required to be named and retained under 28-A M.R.S. § 2512(1). That defendant may be served at [ADDRESS / ESTATE REPRESENTATIVE AND ADDRESS].

4. This Court has jurisdiction under 4 M.R.S. § 105. Venue lies in [COUNTY] County under 14 M.R.S. § 501 because [A PARTY RESIDES HERE / THE CAUSE OF ACTION OCCURRED HERE].

Notice and incident

5. On [DATE], Plaintiff gave written notice to [IDENTIFY ALL DEFENDANTS] stating the time, place, and circumstances of the server's conduct and resulting damages. The server's conduct occurred on [DATE]. Notice was given [WITHIN 180 DAYS / LATER WITH THE GOOD-CAUSE FACTS IN PARAGRAPH 6] under 28-A M.R.S. § 2513.

6. Plaintiff gave written notice on [DATE], within the period in § 2514. Plaintiff could not reasonably give notice within 180 days because [SPECIFIC GOOD-CAUSE FACTS AND DATES], as permitted by 28-A M.R.S. § 2513.

7. At [TIME] on [DATE], Server Defendant served [TYPE AND APPROXIMATE QUANTITY OF LIQUOR] to [SERVED PERSON] at [LOCATION]. [SERVED PERSON] was [A MINOR AGED __ / VISIBLY INTOXICATED AS SHOWN BY SPECIFIC PERCEPTIBLE ACTS OR APPEARANCE].

8. The service was [NEGLIGENT BECAUSE OF FACTS SHOWING ACTUAL OR REASONABLE KNOWLEDGE / RECKLESS BECAUSE OF FACTS SHOWING ACTUAL KNOWLEDGE, CONSCIOUS DISREGARD, AND GROSS DEVIATION].

9. After consuming that liquor, [SERVED PERSON] [DESCRIBE CONDUCT AND INCIDENT]. The consumption proximately caused Plaintiff's [INJURY OR DAMAGE] on [DATE] at [PLACE].

Count I — Negligent service under 28-A M.R.S. § 2506

10. Plaintiff incorporates the preceding allegations.

11. Server Defendant negligently served liquor to [A MINOR UNDER § 2506(1) / A VISIBLY INTOXICATED INDIVIDUAL UNDER § 2506(2)] when [FACTS SHOWING SERVER KNEW OR A REASONABLE PERSON WOULD KNOW THE PERSON'S STATUS, § 2506(3)]. That service proximately caused Plaintiff's damages.

Count II — Reckless service under 28-A M.R.S. § 2507

12. Plaintiff incorporates the preceding allegations.

13. Server Defendant intentionally served liquor knowing [SERVED PERSON] was [A MINOR / VISIBLY INTOXICATED], consciously disregarded an obvious and substantial risk of physical harm to [SERVED PERSON / OTHERS], and grossly deviated from reasonable and prudent conduct by [SPECIFIC FACTS]. The reckless service proximately caused Plaintiff's damages. 28-A M.R.S. § 2507.

Damages and demand for relief

14. Plaintiff suffered [MEDICAL CARE AND TREATMENT EXPENSES, INCLUDING DEVICES OR AIDS, IF ANY] and [OTHER SUPPORTED PROPERTY, BODILY-INJURY, OR DEATH LOSSES] proximately caused by the liquor consumption. 28-A M.R.S. §§ 2508-2509.

Plaintiff requests judgment for proven damages. Under § 2509, the claim and award for all losses other than medical-care and treatment expenses, including devices or aids, against the server and its employees or agents together may not exceed $350,000 for all claims from one accident or occurrence. Where the served defendant is an intoxicated individual, Plaintiff requests allocation of that defendant's and the server's several liability under § 2512(2), plus costs and interest allowed by law and any further relief the Court determines proper. Plaintiff requests a jury trial on issues triable of right by a jury and will file the demand and pay the fee as required by Maine R. Civ. P. 38(b).

Dated: [__/__/____]

________________________________________

[ATTORNEY NAME, MAINE BAR NUMBER / PLAINTIFF IF UNREPRESENTED]

[ADDRESS]

[EMAIL]

[TELEPHONE]

[Attorney for Plaintiff / Plaintiff, self-represented]