Me. Rev. Stat. » Title 28-A
Maine Revised Statutes

Me. Rev. Stat. tit. 28-A, § 2509 (2026)

Limit on awards

✓ current as of May 2026
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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 server and the server's employees and agents, may not exceed $350,000 for any and all claims arising out of a single accident or occurrence.  
[PL 2009, c. 247, §1 (AMD).]
2.  Multiple claimants.  When the amount for all losses, except expenses for medical care and treatment, including devices and aids, awarded to or settled for multiple claimants, exceeds the limit imposed by this section, any party may apply to the Superior Court for the county where the server is located to allocate each claimant an equitable share of the total, limited as required by this section.  
A. Any award by the court in excess of the maximum liability limit specified by subsection 1 must be automatically abated by operation of this section to the maximum limit of liability.   [PL 2021, c. 658, §282 (AMD).]
[PL 2021, c. 658, §282 (AMD).]
SECTION HISTORY
PL 1987, c. 45, §A4 (NEW). PL 2009, c. 247, §1 (AMD). PL 2021, c. 658, §282 (AMD).
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Notes of Decisions
Cited in 2 cases, 1991–2000 · leading case: Peters v. Saft, 597 A.2d 50 (Me. 1991).
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Peters v. Saft, 597 A.2d 50 (Me. 1991). · cites it 2× “28-A M.R.S.A. § 2509. The Superior Court determined that section 2509 violated equal protection because the special preferences which the damage cap gives to liquor servers, compared to all other private citizens, and the special handicap which the damage cap imposes on victims…”
Thibodeau v. Slaney, 2000 ME 116 (Me. 2000). “28-A M.R.S.A. § 2509(1) (1988) states: 1.”
Me. Rev. Stat. tit. 28-A, § 2509(1): 1 case
Thibodeau v. Slaney, 2000 ME 116 (Me. 2000). “28-A M.R.S.A. § 2509(1) (1988) states: 1.”
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