Articles Posted in Dangerous Properties

Many people suffer injuries at the gym. Maine gym injuries can range from mild, such as pulling a muscle, to more serious injuries causing lifelong disabilities. These injuries can have serious consequences and can result in long-lasting financial, physical, and psychological damages. Individuals who suffer injuries at a Maine gym, yoga studio, fitness club or CrossFit club should contact an attorney to discuss their rights and potential remedies.

Before becoming a member, gyms often require individuals to sign a liability waiver. Waivers typically favor the gym and serve to protect the gym’s financial interest and general reputation. Many Maine fitness clubs do not allow members to join unless they sign a liability waiver; however, these waivers do not always bar lawsuits against the facility. The first step an injury victim should take is evaluating what type of waiver they originally signed. The three most common waivers in gym contracts are total waivers, waivers for negligence, and waiver of liability for intentional acts. These waivers provide different levels of protection to the gym, but each waiver and case is unique, and injury plaintiffs may still be able to hold the gym liable.

For example, recently, a state appellate court issued an opinion stemming from injuries a woman suffered while using a weight machine at the gym. The woman filed a lawsuit against a personal trainer at the gym, alleging that the trainer improperly instructed her on how to use the machine. The trial court found in favor of the defendant, reasoning that the woman signed a waiver releasing the gym and their agents from liability. The woman appealed the ruling and asked for reconsideration based on several issues. The appellate court found that there are issues surrounding whether there was an agency relationship between the personal trainer and the gym. Further, the court found that there were issues regarding whether the membership agreement and waiver extended protection to the personal trainer. Ultimately, the court found in favor of the plaintiff and remanded the case for further proceedings.

The Kennebec Journal reports a man was seriously injured after falling from a pub deck.

The incident occurred shortly after midnight on a Sunday at a pub in Rockland. The 30-year-old Old Town man fell from a 17-foot-high deck and struck his head. He was taken to Pen Bay Medical Center in Rockport and then transferred to Portland, where he was listed in critical condition.

It’s the second such tragedy at the pub. News Channel 5 reported a 25-year-old Rockland man was killed after falling off the deck in June 2015. The Portland wrongful death lawyers at Peter Thompson & Associates represented that victim’s family in a wrongful death settlement. That lawsuit was settled, and additional safety precautions were taken, including the removal of the picnic tables from which the first victim fell.

The Press Herald is reporting a 58-year-old pedestrian was killed by a city-owned truck in an accident that occurred on Congress Street shortly before 4 a.m. A dump truck driven by a 49-year-old city employee was carrying a load of snow near the Maine Turnpike overpass when it struck the victim, according to the Portland Police Department. This is one of several snow-related mishaps to make news recently — our injury attorneys in Portland recently blogged about several fatal accidents involving snowmobiles and Maine ski resorts.

Maine pedestrian accidents are a growing concern in urban areas. In this case, the victim’s family may look to either the city or their own auto insurance policy to make a recovery if the victim carried uninsured/underinsured motorist coverage.

The involvement of a city employee will complicate the victim’s family’s ability to make a recovery. A law firm with significant experience handling cases against municipalities and school boards should always be consulted as soon as possible after a serious or fatal accident involving a government entity.

Our Maine slip and fall lawyers have blogged recently about many winter accident risks, including numerous accidents blamed on black ice. But it’s our elderly residents who are at highest risk of injuries due to dangerous property conditions, particularly fall accidents.

It’s a growing concern in a state increasingly relying upon home care to address the massive increase in elderly residents in the coming years with the retirement of the Baby Boom generation. A proposal for universal home care recently received enough signatures to make it onto the ballot in Maine. If passed, it would pay for hiring a home health worker to care for an elderly or disabled loved one whose relatives work full time.

The Press Herald recently reported Maine lawmakers in Augusta are considering similar legislation. The proposal would increase taxes on high-earners in Maine to raise $310 million a year to pay for the so-called “universal home care.”