If you have been injured or someone you love has been killed by the actions of a person who was served too much alcohol, you may currently be feeling a range of emotions. Whether it was an accident caused by a drunk driver, an assault, or some other type of incident, the consequences of the negligent actions of the wrongdoer, as well as those who served them alcohol, has undoubtedly had a profound impact on your life. While a suit for damages related to injuries or death caused by the over-service of alcohol will not heal your injuries or bring back your loved ones, it can help you to move forward after your injury or loss by providing financial support.
Parties Who May Be Held Responsible for Your Injury or LossBars, restaurants, and other establishments which serve alcohol are required by law to do so responsibly. Since individual servers and bartenders are the ones who make in-the-moment decisions about whether to serve alcohol to their patrons, they are also potentially liable parties under Maine law. The Maine Liquor Liability Act provides a clear set of rules which must be followed by the individuals and establishments who serve alcoholic beverages throughout the state. One important requirement of the law is that alcohol must not be served to anyone who is already obviously intoxicated. Another key requirement is that alcohol may only be served to adults who are over the age of twenty-one.
Act Now to Preserve Your RightsUnder Maine law, plaintiffs have a limited time in which to notify an establishment or server that they intend to pursue a claim for damages against them. Under the Maine Liquor Liability Act, plaintiffs must give written notice to all defendants within one hundred and eighty days of the conduct which caused the injury or death. The notice must contain information about the time, place, and circumstances under which the alcohol was served, as well as the time, place, and circumstances under which the damages were sustained. (PL 1987, Ch. 45, §A4 §2513)
Timely notification of your intent to sue the people who are responsible for your injuries or loss is an essential first step in pursuing a successful claim for damages. Six months is a short period of time to work with when you are dealing with severe injuries or grieving the loss of someone that you love. Consult with a Maine personal injury attorney within the six months following the injury or loss to ensure that you will be able to pursue your claim for damages. You do not need to file your claim right away, as the law allows you two years from the date of the negligent or reckless conduct to bring an action. (PL 1987, Ch. 45, §A4 §2514) Also, if you missed the six month deadline for giving notice, you may still be able to pursue a claim for damages if you are able to give notice within the two year time frame for bringing an action, and you have a good reason for failing to provide notice within six months.
Peter Thompson & Associates: Helping Alcohol-Related Injury and Fatality Victims and Their Families Throughout the State of MaineIf you have been injured or someone that you love has been killed as a result of an incident involving the over-service of alcohol, the personal injury attorneys at Peter Thompson & Associates are available now to assist you. With offices conveniently located in Portland, Bangor, and Falmouth, we are accessible to clients throughout the state. Please call us today, at 1 800.804.2004 to schedule your free initial consultation.