The family of a five-year-old boy killed in a Maine trucking accident is reportedly weighing a wrongful death lawsuit against the driver of the box truck that struck the reatruckr of the vehicle in which he was a passenger. The crash also killed the boy’s 57-year-old volunteer driver, who had been transporting the boy from an educational program on a recent Friday afternoon.

According to the Portland Press-Herald, the pair died instantly after a box truck driven by a commercial driver rear-ended them on the Maine Turnpike at mile marker 22. The box truck reportedly slammed into the back of the volunteer driver’s car and then rode up onto its roof. The forceful impact of the collision also reportedly pushed the decedent’s car into the tractor-trailer that was in front of it.

The crash happened at around 2 p.m., after the volunteer driver and others on the turnpike had slowed down as emergency and clean up crews worked to clear the roadway following an earlier trucking accident at mile marker 24. In that crash, a motorist was thrown from a vehicle that collided with a median guardrail, causing the driver to suffer critical injuries.

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A decision by the Maine Supreme Judicial Court held that a plaintiff should not be allowed to recover personal injury damages for the wrongful birth of a healthy baby. The child was reportedly conceived after the plaintiff had been implanted with a form of birth control that was inserted into the plaintiff’s arm. mother

The plaintiff gave birth to a boy, who was healthy, in the summer of 2014 when she was 21 years old. However, as she explained to the court, she had visited a health care center to weigh her options for birth control.

According to court records, the plaintiff’s doctor recommended the use of an implantable device manufactured by the defendant. It consisted of a single, four-centimeter-long rod that was to be inserted underneath the skin of the patient’s upper arm with an applicator that looked like a syringe. The drug was designed to prevent pregnancy for at least three years, unless the rod was removed sooner by a doctor. It works by blocking the ovulation process.

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Police in Waterville issued dozens of court summonses for underage drinking after responding to a call of a late-night party off-campus where people were smashing beer bottles in the street. Authorities got there around 1 a.m. and discovered two men on the street who conceded they had been drinking, even though they were under the age of 21. They pointed officers to the home where they had consumed the alcohol. beer

When officers went to the home, they discovered the renters, six college students, had thrown a party that reportedly involved lots of underage drinking. Three of the renters, all 21, were charged with the Class D misdemeanor of allowing minors to drink alcohol, according to CentralMaine.com. Each is facing a fine of a mandatory $1,000 fine if any of the drinkers was under 18. Meanwhile, dozens of other youths were charged with the civil violation of underage drinking and face fines of between $200 and $400 for a first-time offense.

Although this incident did not lead to any underage drinking and driving, it’s not a stretch to think that one of those teens was planning to get behind the wheel of a car that night. Perhaps the police intervention thwarted that. But if they had gotten into a car and if they had been in an accident that caused someone else injuries, who would be liable?

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Most businesses carry general liability insurance, particularly if they invite customers on site to do business. That’s because under Maine statutes, a person who is invited onto the property for the financial benefit of the property owner is owed the highest duty of care and has the right to expect they will be reasonably safe. General liability insurance typically covers businesses from liability lawsuits stemming from claims like slip-and-fall injuries, falling merchandise, or some other dangerous condition. bar

However, those establishments that sell alcohol and invite patrons to drink on site should consider additional coverage because there are claims unique to these entities. For example, some bars and restaurants face the possibility of dram shop liability, in which those injured by a drunk driver can sue the bar where workers served that driver alcohol. Another possibility is that of third-party liability for criminal assault. Of course, there is a potential for this kind of action in many different business settings, but especially so at a bar where patrons’ inhibitions may be lowered, making some more aggressive and others more vulnerable.

In a recent Maine Supreme Judicial Court case, the question is whether an insurance company should have to indemnify the business for injuries sustained by a man who was beaten by a fellow patron at the bar. The claim by the bar against the insurer doesn’t have a direct bearing on the injury lawsuit filed by the patron, except that by making the bar directly liable rather than the insurer, there is a risk the bar won’t be able to pay out the full damages, depending on how much those damages are and the health of the business.

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Two people were killed – one a child – and three seriously injured in a Maine car accident believed to have been weather-related. snowy highway

The Portland Press-Herald reported the Monday morning crash instantly killed a 45-year-old man and critically injured his fifth-grade daughter, who died two days later. The accident also seriously injured two other children and the girl’s mother. All three children involved in the crash attended Narragansett School in the Gorham School Department, just west of Portland. The newspaper reported the father was a passenger in a Jeep Grand Cherokee driven by his wife when she lost control of the vehicle on a road slicked with snow and ice. The Jeep skidded sideways and was then broadsided by a dump truck, which then pushed the Jeep into a telephone pole. The three girls were seated in the back seat of the vehicle, one in a child car seat. There was so much damage to the Jeep that firefighters had no choice but to cut the doors off to pry the victims out. Of the two girls who survived, one suffered a broken hip and the other several broken bones. The driver and mother sustained severe internal injuries, hospital administrators reported. The driver of the dump truck was not injured.

Maine of course is no stranger to snow and ice, but no matter how many times drivers brave it on the roads, it’s still just as lethal. Investigators are still combing through the circumstances, but the Gorham police chief told the Press-Herald that it was safe to say speed was likely a factor in the collision. However, he added that if this had been a dry roadway at the time of the incident, “this accident would not have happened.”

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There are many challenges drivers face as they age. Vision deteriorates and reflexes dull. That’s why many states – including Maine – have provisions in place requiring senior drivers to undergo additional testing and in-person renewals.older people

The Maine Bureau of Motor Vehicles is one of the more stringent. Drivers are first required to undergo a vision test at age 40 in order to renew their license. Drivers older than 65 have to renew their state-issued licenses every four years, as opposed to every six years, as younger drivers do. Drivers 62 and older are required to undergo a vision test every second renewal. The bureau also accepts requests from anyone with personal knowledge of a driver who may pose a safety concern to others. Road tests may be required if the bureau has reason to believe the driver may be unfit. Bureau personnel have the authority to restrict the driver’s licenses of elder drivers to prevent them from driving when it’s dark or only allow driving within a certain area.

As the population ages (the U.S. Census opines the percentage of the over-65 population will more than double by 2050), states are not rushing to impose additional regulations. In fact, some state legislatures have actually been actively rejecting these measures, according to a recent report published by the Portland Press-Herald. In fact, while 60 million older adults are expected to be on the nation’s roadways by 2030, some legislators are taking the position that licenses should not be restricted solely on the basis of age.

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A judge in Central Maine ordered two pit bull dogs euthanized after an August attack in Augusta resulted in the death of a much smaller dog and serious injuries to the deceased animal’s owner.pitbull

The owner of the two pit bulls, who also owns a dog grooming business, had advocated in the Capital Judicial Center to spare the dogs’ lives. During a two-day non-jury trial, the owner had been accused of two civil violations for keeping a dangerous dog. Title 7, Part 9, Chapter 727 of Maine Revised Statutes holds that a person who owns or keeps a dangerous dog commits a civil violation, for which the court must impose a fine of between $250 and $1,000 – none of which can be suspended. If someone is injured as a result of an attack by a dangerous dog, the court can order the identification and confinement of the dogs, as well as restitution paid by the dangerous dog’s owner. If a dog owner or keeper refuses or neglects to comply with a previous court order, and the dog wounds a person or domestic animal, the owner or keeper has to pay the injured person treble damages and costs that are recovered in a civil action.

Chapter 729 of the state’s revised statutes goes over injuries and damages caused by animals, holding in part that when an animal damages a person or property due to the negligence of the dog’s owner or keeper, the owner or keeper is liable in a civil action to the injured person for the amount of the damages caused, as long as the harm wasn’t occasioned by the fault of the injured person. The only time damages would not be owed to a person injured in a dog attack would be if the court finds the injured person’s fault exceeded that of the dog’s keeper or owner.

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Usually, when we think of property owner liability, we’re thinking of a business that is responsible after a customer slips and falls or is attacked in a parking lot. But premises liability can extend to private homeowners too. It does depend on the situation, and private homeowners usually don’t owe the same high level of care to their guests that businesses do when they welcome members of the public. Nonetheless, a failure to use reasonable care can result in liability. Claims are typically paid by one’s homeowners’ insurance. glass door

Recently, the father of a single mother filed a wrongful death lawsuit against a private homeowner responsible for a house in Waterville where his daughter suffered a fatal fall from the second story.

According to The Portland Press Herald, the 33-year-old woman, from Clinton, was killed a year ago after she fell after stepping out a set of sliding glass doors on the second floor. The problem was that while the doors were supposed to open up to a balcony, that feature hadn’t yet been built. Nonetheless, the homeowner, who was hosting a holiday party, failed to block off those doors or take measures to stop people from opening the door or from walking outside.

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The U.S. Government Accountability Office recently released a report that uncovered major holes in the state data collection on the financial abuse of seniors. This, investigators say, has made it all but impossible to accurately gauge the scope of a serious issue. The findings, including state-level data from Maine, were presented at the Senate Special Committee on Aging recently, with the goal of determining more effective ways to prevent, identify, and address instances of financial abuse and exploitation of seniors. The Committee Chairwoman is Susan Collins (R-Maine), an outspoken advocate on elder affairs and protection of the elderly.elder

Data collection on this issue is done at the state and local levels, so federal authorities up to this point haven’t had much influence. Now, the Department of Health and Human Services plans to launch a data collection program that aims to help experts in curbing elderly exploitation. Even the information we do have suggests this is a major problem, with one 2015 study indicating the national annual financial loss from exploitation of elders is approximately $37 billion. Furthermore, these losses are occurring at a rate that study authors say is “alarming.” This newest GAO report, The Extent of Elder Abuse by Guardians is Unknown, but Some Measures Exist to Help Protect Older Adults, is the first time someone has looked closely at the issue of elder financial abuse since 2010, according to The Portland Press-Herald.

Although there is strong evidence to suggest that financial abuse of the elderly is most often perpetrated by adult children, nieces, nephews, and other relatives or guardians, exploitation by caretakers in nursing homes is another issue. It can be a direct indication of the facility’s failure to protect the resident, and it can also be a red flag that other forms of elder abuse are going on as well.

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The Maine Department of Transportation recently released a report indicating the average traffic volume each day on Interstate 295 has spiked by 12 percent in the last six years. highway driving

As reported by the Portland Press-Herald, congestion on the already cramped highway has reached a point at which officials with the Maine State Police say they are encountering difficulties responding to traffic accidents and enforcing the laws of the road on that stretch.

Specifically, Lt. Walter Grzyb told the Press-Herald, cramped, bumper-to-bumper rush hour traffic makes it nearly impossible for law enforcement to respond to a crash or to stop violators for speeding or driving recklessly. In fact, when troopers or state police stop a motorist on the side of the road, they may in fact be creating more danger than they are fixing. Police say they can’t do their job safely.

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