Dram Shop Liability in Maine
State-specific overview · Tort Law
Maine recognizes dram shop liability for sales to minors and visibly intoxicated persons under Title 28-A.
How Maine treats Dram Shop Liability
Maine law holds alcohol vendors liable when they sell to anyone under 21 or to a person they know or should know is visibly intoxicated. Title 28-A, Section 2503 codifies this rule for both on-premises and off-premises sales. Maine courts have interpreted "visibly intoxicated" to mean the person shows obvious signs of impairment. The state also recognizes limited social host liability in certain circumstances.
The general definition of Dram Shop Liability
Legal responsibility of bars or stores for harm caused by serving alcohol to intoxicated people.
Dram shop liability holds businesses that sell alcohol accountable when they serve drinks to someone who is already drunk or visibly intoxicated, and that person then causes injury or damage to others. The law recognizes that the bar or store had a duty to refuse service in these situations. If they fail to do so and the customer harms someone—say, by driving drunk—the business can be sued for those damages. The idea is to discourage over-serving and create an incentive for responsible alcohol service.
Read the full Dram Shop Liability entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Maine.