Articles Posted in Dangerous Properties

A landlord in Cumberland County is facing criminal charges that could carry up to 30 years prison time for a fatal fire in November that killed six people. fire2

In addition to six counts of manslaughter, the landlord is accused of three misdemeanor code violations for failure to have working smoke detectors, have a second escape from an upstairs bedroom and clear stairwells.

These kind of issues, if proven, would provide a strong basis for the pending premises liability lawsuits, which have been filed by several of the victims’ families.

In most areas of law, the legal system does not allow one person to be held responsible for a third-party action of another. beerinapub

But there are several exceptions, and a few of those relate to a situation unfolding in Rockland, little more than an hour north of Bangor. According to The Bangor Daily News, a pub owner has just had his renewal for an entertainment license rejected. In its decision, council cited repeated noise violations, numerous liquor violations of alcohol being sold to minors and pages and pages of police reports originating from that location.

Neighbors who own property near the pub have made numerous complaints. They say disturbances occur nightly, and they are constantly cleaning up cigarette butts and urine stains from the sides of buildings.

Following the death of a teen girl on a hayride last fall, Maine lawmakers are searching for way to tighten amusement park regulations and restrictions, to ensure similar tragedies never happen again. hayride

Recently, the Legislature’s Criminal Justice and Public Safety Committee weighed testimony from one lawmaker sponsoring a bill named after the teen that would enhance protections for those who pay money to go on amusement park rides in this state.

The measure, “Cassidy’s Law,” is formally titled LD 1057, An Act to Increase the Safety of Amusement Park Rides. It bears the name of the high school junior who was killed in Mechanic Falls when a 197os-model Jeep hauling a trailer with 20 people on it careened off the trail and into a cluster of trees at a “haunted” hayride offering at a local farm festival.

Tenants in a downtown apartment complex in Brunswick were evacuated from their homes recently when fire department officials deemed the rampant code violations a threat to their safety. According to the Bangor Daily News report, those conditions included:

  • Blocked emergency exits;
  • Non-functioning smoke-detectors;

If you have been in a car accident with a stable object, you may think you cannot recover damages from any other party. But that is not an accurate assessment in allscases.
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If you have been injured because of a Bangor car accident which was caused by the negligent maintenance of property, you may feel overwhelmed with the thought of how you will collect damages. Having an experienced Bangor injury attorney can give you the peace of mind you need in your case.

Seals v. Morris County is a case arising from a car accident. Seals (plaintiff) was driving his pickup truck on a road in Morris County New Jersey early in the morning. There was snow on the ground, and when the plaintiff tried to step on his brakes, the car continued downhill. The car hit an electric utility pole that was placed several feet from the side of the road. Plaintiff sustained injuries for which he sought damages.

Plaintiff sued Morris County for negligent maintenance of the road he was traveling on, and Jersey Central Power and Light (Electric Co.) for its alleged negligent placement of the electric pole.

The main issues in this case were two-fold. First, the court analyzed whether an electric company could be held liable for negligently placing an electric pole along a public highway. Secondly, whether a county is entitled to claim sovereign immunity where the county was negligent.

This electric pole was placed on county property. The Electric Co. had placed the pole there and had not received any objection to the pole’s placement from the county. There had been previous car accidents that occurred involving the pole which the Electric Co. was made aware of. However, it was company policy at the Electric Co. that the only time it moved electric poles was at the request of the county where the pole is located.

Although the pole was located on county property, the county argued that because there was no Morris County police, the county had no notice that these accidents were occurring there because the municipal police did not notify them. The county further argued that it had not given consent to have that pole placed there, although it had been there for over thirty years.

The Electric Co. argued that although the county had been silent as to the placement of the pole, this silence should be considered assent; thus rendering the Electric Co. immune from the imposition of liability. This argument hinged on state statute that indicates that where a utility company has maintained a utility pole in the same location for ten years, the owner of the land where the pole is placed is presumed to have consented to this placement.

With both the Electric Co. and the county arguing that the other should be held liable under negligence, the court was set decide the matter. Through application of state statute and New Jersey case law, this court held that where a government entity directs a utility company to where utility poles should be placed the utility company is immune from liability. However, the facts of this case indicate that the County had been silent as to the placement of this offending pole thus, conferring ordinary negligence to both the county and the Electric Co.

Thus the rule established in this case is that where a utility company negligently places or maintains an electric pole causing an unreasonable and unnecessary danger to drivers traveling on that road, the utility company can be held liable.

Through this court decision it is seen that the only way a utility company can be immune from liability is where it negligent acts were a result of a direction from a governmental entity.

The issue of whether the county is immune from liability was left to the lower court to determine on remand.

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The Bureau of Labor Statistics released new preliminary data calculating the total number of work injuries in Maine and elsewhere in 2010. The Bureau estimates that nearly 4,550 employees were the victim of a fatal work accident in 2010. The Census of Fatal Occupational Injuries (CFOI) reported that there was a final count of 4,551 on-the-job fatalities recorded in 2009.

The number of fatal work-related injuries in the United States totaled about 3.5 deaths for every 100,000 full-time equivalent (FTE) workers. This is the exact same rate that 2009 produced. Final data for the 2010 year will be released in the Spring of 2012.
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Our Portland injury attorneys understand that there are many unseen factors that go into the risks of a work accident, including the total number of hours worked and the status of the economy/unemployment rate. The number of hours worked was up in 2010 in comparison to both 2008 and 2009. Industries that are typically high-risk however, were fortunate enough to experience a decline in the number of fatal accidents. These industries also experienced a slow increase in the number of worked hours.

The primarily findings from the 2010 Bureau’s Census of Fatal Occupational Injuries:

-Self-employed workers: Experienced a decline in the number of fatal work injuries by about 6 percent. Less than 1,000 workers died in this industry during the year.

-Private mining industry: Increased of almost 75 percent in the number of fatal work accidents from 2009 to 2010. Nearly 175 workers died in this industry throughout the year giving it a death rate of 19.9 per 100,000 FTEs.

-Private construction industry: Experienced a decrease of roughly 10 percent in 2010. The number of fatal construction-related work accidents has declined by 40 percent since 2006.

-Fatal Injuries caused by fires:sThese incidents have more than doubled from since the previous year. More than 100 fatal work injuries were caused by fires in 2010, which is the highest number recorded since 2003.

-Homicides: Decreased by nearly 10 percent 2010. This is the lowest number that the Bureau has ever recorded. In this category, homicide involving women increased by nearly 13 percent, however.

-Race:sAfrican-American and non-Hispanic workers experienced a 9 percent decline in 2010 in the number of fatal work injuries. Fatal work-related injuries experienced by white workers increase by about 2 percent. Hispanic or Latino workers experienced a decrease of about 4 percent.

-Police officers:sExperienced an increase of about 40 percent, more than 130 law enforcement officers died in 2010.

Employers have a responsibility to keep workers safe. Federal regulations are in place to ensure than these individuals are taking all of the proper precautions to help keep employees safe. Failure to comply with federal recommendations can result in legal consequences, fines, violations, lawsuit or potential shut down.

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Amtrak has filed a lawsuit against the Massachusetts company that owned the truck hit by the Downeaster passenger train last month in North Berwick, Maine. That truck is owned by Triumvirate Environmental Inc. of Somerville, Massachusetts.

The driver of the 18-wheeler truck was killed in the Maine car accident that happened on July 11th, according to boston.com.

The truck was carrying more than 50,000 pounds of trash to a local incinerator. Police are conducting an ongoing investigation into the accident.
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The Amtrak driver is accusing the big rig driver of ignoring the railroad crossing controls and warnings while he was crossing the railroad tracks. Four passengers aboard the Amtrak train suffered injuries in the collision. Amtrak isn’t seeking specific damages, but they are reportedly seeking compensation for subsequent service disruption costs of $3 million. The suit was recently filed in federal court in Massachusetts.

Our Portland personal injury attorneys understand that the court filings for this case state that the crossing warnings were activated as the truck proceeded through the crossing. They also state that the truck driver “failed to heed the warnings” and drove his tractor-trailer around the lowered crossing gates and caused the accident. This case is important to bring up because accidents near railroad crossings can be oftentimes produce deadly results if the proper safety measures are not taken and if warning signals are ignored.

“Once we get it all done, we’ll release what our finding was,” says Police Chief Stephen Peasley, estimating it could be another couple of weeks.

The suit was filed on August 8th at the U. . District Court of Massachusetts by John Bonistalli, the attorney representing National Railroad Passenger Corporation.

It is estimated that a person or a vehicle is hit by a train every 115 minutes. It is also estimated that about half of these railroad accidents occur at railroad crossings when automatic warning devices, like flashing lights and gates, are present and are properly activated and working.

According to the U. . Department of Transportation, there are approximately 5,800 vehicle-train accidents each year in the United States. A majority of these accidents occur at railroad crossings. These accidents result in an average of 600 fatalities each year. These accidents also injure about 2,300 people yearly.

Common injuries of a train and car accident can include brain trauma, spinal cord injuries, concussions, other head injuries, sprains, fractures, abrasions, burn injuries and internal and various soft tissue injuries. Many of these injures can be life threatening.

Railroad accidents most oftentimes include these scenarios:

-Derailment of a train.

-Train-train collisions.
-Train-car collisions.
-Train-person collisions.
-Damage to property.

Accidents that involve a train can be very complex and difficult for the victims, especially when fighting for deserved compensation. That is why it is critical for you to contact an attorney immediately following a train wreck or railroad accident.

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A teenager from Carrabassett Valley Academy has died in a Maine skiing accident at Sugarloaf ski resort, the Boston Globe reported.

As our Portland accident attorneys reported recently on our Maine Injury Lawyer Blog, the resort was the site of a chairlift malfunction that injured numerous guests late last month.
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In this case, Channel 8 News reports the school was quick to announce the high-school junior was skiing on his own time and was not participating in a school activity at the time of the crash. Police say he died after skiing into an object on Black Diamond Trail.

The National Ski Areas Association reports an average of 38 people are killed each year in skiing and snowboarding accidents. Countless others are injured. It is incumbent upon business owners to provide a safe and secure environment for customers and invited guests. Faulty equipment, poor maintenance, hazardous conditions or lack of safety or emergency personnel could all result in liability on the part of a resort.

Schools also have an obligation to provide for the safety of students, whether on school property or at a school sanctioned field trip or event. Examples of school-related accidents that can lead to a personal injury or wrongful death claim include premise liability claims, school bus accidents, sporting accidents, negligent security and assault or abuse.

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As reported in the Portland Press Herald on December 28, 2010

CARRABASSETT VALLEY — A chair lift derailed in high winds at Maine’s tallest ski mountain Tuesday, sending screaming skiers plummeting as far as 30 feet to the slope below and injuring several of them.

The Sugarloaf resort in Carrabassett Valley, about 120 miles north of Portland, said about six people were injured when five chairs fell an estimated 25 to 30 feet. The resort’s ski patrol evacuated the lift, which had passed an inspection.

In Maine, there is a potential intersection of the workers’ compensation and personal injury systems when the injury is caused by a third party.

Generally, if you are injured at work, regardless of the cause, you are compensated for that injury entirely through the workers’ compensation system. However, did you know that if a party other than your employer is responsible for the injury, you may also have a separate claim against that party?

For example, if you were driving a vehicle as part of your job and were injured in an accident caused by another driver, you have both a workers’ compensation claim and a claim against the other driver.