Dram Shop Liability Complaint - Maine

DRAM SHOP LIABILITY COMPLAINT

State of Maine

TABLE OF CONTENTS

1. Caption
2. Pre-Suit Notice Compliance
3. Jurisdiction and Venue
4. Parties
5. Factual Allegations
6. Count I — Negligent Service to Visibly Intoxicated Person (28-A M.R.S. § 2503)
7. Count II — Negligent Service to a Minor (28-A M.R.S. § 2504)
8. Count III — Reckless Service (28-A M.R.S. § 2505)
9. Damages
10. Jury Demand
11. Prayer for Relief
12. Verification
13. Maine-Specific Practice Notes

1. CAPTION

STATE OF MAINE
[________________________________] COUNTY
SUPERIOR COURT

DOCKET NO. [________________________________]

COMPLAINT
(Maine Liquor Liability Act, 28-A M.R.S. §§ 2501-2520)

2. PRE-SUIT NOTICE COMPLIANCE

1. On [__/__/____], Plaintiff served written notice on all Defendants in compliance with 28-A M.R.S. § 2506, within 180 days of the service of alcohol at issue.

2. Said notice identified:

☐ The date and time of the service of alcohol
☐ The identity of the server and establishment
☐ The nature of the injuries claimed
☐ The names of the persons making the claim

3. [Alternatively: Plaintiff was unable to provide notice within 180 days due to [________________________________], constituting good cause pursuant to 28-A M.R.S. § 2506. Notice was served on [__/__/____], within the 2-year limitations period.]

3. JURISDICTION AND VENUE

4. This Court has jurisdiction over this matter pursuant to 4 M.R.S. § 105 and 14 M.R.S. § 501.

5. Venue is proper in [________________________________] County pursuant to 14 M.R.S. § 501 because [the cause of action arose / defendant resides or has a place of business] in this county.

4. PARTIES

Plaintiff:

6. Plaintiff [PLAINTIFF NAME] is an individual residing at [________________________________], [________________________________] County, Maine [____].

7. Plaintiff is a third party injured by the conduct of Intoxicated Person and is not the person who was served the alcoholic beverages at issue.

Defendants:

8. Defendant [DEFENDANT ESTABLISHMENT NAME] (hereinafter "Defendant Establishment") is a [corporation / LLC / partnership] organized under the laws of [________________________________], maintaining its principal place of business at [________________________________], Maine [____].

9. Defendant Establishment holds a Maine Bureau of Alcoholic Beverages and Lottery Operations license, License No. [________________________________].

10. Defendant [INTOXICATED PERSON NAME] (hereinafter "Intoxicated Person") is an individual residing at [________________________________], Maine [____].

5. FACTUAL ALLEGATIONS

11. On or about [__/__/____], at approximately [____] [a.m./p.m.], Intoxicated Person entered Defendant Establishment's premises at [________________________________].

12. Over the course of approximately [____] hours, Defendant Establishment's employees served Intoxicated Person approximately [____] alcoholic beverages.

13. At the time of continued service, Intoxicated Person was visibly intoxicated, exhibiting the following signs:

☐ Slurred speech
☐ Unsteady gait or stumbling
☐ Glassy or bloodshot eyes
☐ Aggressive or belligerent behavior
☐ Difficulty with coordination
☐ Loss of motor control
☐ Drowsiness or falling asleep
☐ Other: [________________________________]

14. [If minor: Intoxicated Person was [____] years old at the time, under the legal drinking age of twenty-one (21) years.]

15. Defendant Establishment's employees continued to serve alcoholic beverages despite the visible signs of intoxication [and/or the minor status of Intoxicated Person].

16. After departing Defendant Establishment at approximately [____] [a.m./p.m.], Intoxicated Person [describe conduct, e.g., operated a motor vehicle on [________________________________]].

17. As a direct result of intoxication, Intoxicated Person caused [describe incident] at approximately [____] [a.m./p.m.] at or near [________________________________], injuring Plaintiff.

6. COUNT I — NEGLIGENT SERVICE TO VISIBLY INTOXICATED PERSON (28-A M.R.S. § 2503)

18. Plaintiff incorporates by reference all preceding paragraphs.

19. Pursuant to 28-A M.R.S. § 2503, a server of liquor is liable for damages caused by an intoxicated patron if the server negligently served liquor to a person who was visibly intoxicated.

20. Defendant Establishment negligently served alcoholic beverages to Intoxicated Person when Intoxicated Person was visibly intoxicated, as described above.

21. Defendant Establishment's negligent service was a proximate cause of Plaintiff's injuries.

7. COUNT II — NEGLIGENT SERVICE TO A MINOR (28-A M.R.S. § 2504)

22. Plaintiff incorporates by reference all preceding paragraphs.

23. Pursuant to 28-A M.R.S. § 2504, a server of liquor is liable for damages caused by service to a minor.

24. Defendant Establishment served alcoholic beverages to Intoxicated Person, who was [____] years old, a minor under the legal drinking age.

25. Defendant Establishment's service to a minor was a proximate cause of Plaintiff's injuries.

8. COUNT III — RECKLESS SERVICE (28-A M.R.S. § 2505)

26. Plaintiff incorporates by reference all preceding paragraphs.

27. Pursuant to 28-A M.R.S. § 2505, a server of liquor who recklessly serves alcohol to a visibly intoxicated person or a minor is subject to broader liability, including liability to the intoxicated person.

28. Defendant Establishment recklessly served alcoholic beverages in that:

☐ It continued service despite obvious and severe intoxication
☐ It served alcohol with conscious disregard for the safety of patrons and the public
☐ It served a minor in reckless disregard of age verification requirements
☐ Other: [________________________________]

29. Defendant Establishment's reckless conduct was a proximate cause of injuries to Plaintiff.

9. DAMAGES

30. As a direct and proximate result of Defendants' conduct, Plaintiff has suffered the following damages:

(a) Medical expenses (uncapped) — past and future — in the amount of $[________________________________]

(b) Non-medical damages (subject to $350,000 statutory cap per accident) including:

• Pain and suffering — past and future
• Mental anguish and emotional distress
• Loss of enjoyment of life
• Loss of consortium [if applicable]
• Disfigurement

(c) Lost wages and earning capacity in the amount of $[________________________________]

(d) Property damage in the amount of $[________________________________]

(e) [If wrongful death: Funeral and burial expenses; loss of comfort, society, and companionship]

10. JURY DEMAND

31. Plaintiff hereby demands a trial by jury on all issues so triable.

11. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in Plaintiff's favor and against Defendants as follows:

(a) Compensatory damages, including uncapped medical expenses and non-medical damages up to the statutory cap of $350,000;

(b) Several liability apportioned among the Defendants pursuant to Maine's comparative fault system;

(c) Pre-judgment and post-judgment interest;

(d) Costs of this action;

(e) Such other and further relief as this Court deems just and equitable.

12. VERIFICATION

I, [PLAINTIFF NAME], verify under oath that the foregoing statements are true and correct to the best of my knowledge, information, and belief.

Signature: ________________________________________

Date: [__/__/____]

Respectfully submitted,

________________________________________
[ATTORNEY NAME], Esq.
[FIRM NAME]
[ADDRESS]
[CITY], Maine [ZIP]
Telephone: [________________________________]
Email: [________________________________]
Maine Bar No. [________________________________]

Counsel for Plaintiff

13. MAINE-SPECIFIC PRACTICE NOTES

MANDATORY Pre-Suit Notice (28-A M.R.S. § 2506):

• Written notice to ALL defendants within 180 days of the server's conduct
• Failure to provide timely notice results in dismissal unless good cause is shown and notice is filed within the 2-year SOL
• This is the MOST CRITICAL procedural requirement in Maine dram shop cases

Exclusive Remedy:

• The Maine Liquor Liability Act is the EXCLUSIVE remedy; common law claims are abolished

Damage Caps (28-A M.R.S. § 2509):

• Non-medical damages: $350,000 per accident
• Medical expenses: Uncapped

Statute of Limitations:

• 2 years from the date of accrual

Comparative Fault:

• Modified comparative negligence; claimant equally at fault (50%) cannot recover
• Lesser claimant fault produces the just-and-equitable dollar reduction directed by § 156, not a mandatory percentage calculation

Name-and-Retain Requirement:

• The intoxicated person MUST be named and retained as a defendant

Social Host Liability:

• Negligent service to minors: YES
• Reckless service to visibly intoxicated adults: YES
• Negligent service to visibly intoxicated adults: NO

Intoxicated Person's Own Claims:

• Barred under negligence (§ 2503)
• Permitted under reckless service (§ 2505)

Key Case Law:

• Jackson v. Tedd-Lait Post No. 75, American Legion, 1999 ME 26, 723 A.2d 1220
• Thibodeau v. Slaney, 2000 ME 116, 755 A.2d 1051

This template is provided for informational purposes only and does not constitute legal advice. Maine's mandatory 180-day notice requirement is strictly enforced. An attorney licensed in Maine should review all filings before submission. Last updated: 2026-04-03.