Most states have a dram shop law to deter providers of alcoholic beverages (servers, liquor stores, bars, restaurants) who sell or serve alcoholic beverages under authority of a license or permit from selling or serving alcoholic beverages to obviously intoxicated individuals.
These laws generally eliminate any liability of servers, liquor stores, bars, and restaurants when a person to whom they sell or serve alcohol causes personal injury or property damage—whether in an automobile accident, a fight, or other incident—unless the person to whom they sell or serve alcohol is obviously intoxicated.
Laws regarding dram shop liability vary from state to state and are usually located in a state’s statutes.
In Maine, dram shop laws are codified under Title 28-A, Section 2501 of the Maine Revised Statutes. These laws impose liability on establishments such as bars, restaurants, and liquor stores for damages caused by an intoxicated person if the establishment negligently or recklessly provided alcohol to that person when they were visibly intoxicated. Maine's dram shop statute allows a person injured by an intoxicated individual to seek damages from the server or establishment that provided the alcohol if it can be shown that the server knew or should have known that the person was visibly intoxicated. It is important for establishments that serve alcohol to be aware of these laws and to train their staff accordingly to avoid serving alcohol to visibly intoxicated patrons to mitigate the risk of incurring dram shop liability.