Maine Injury Lawyer Blog

October 24, 2021

Maine’s Highest Court Issues Decision on Liability of Landlords in Premises Liability Cases

The Supreme Judicial Court of Maine, the State’s highest court, recently issued a decision on the liability of landlords in Maine premises liability cases. The issue before the court was whether reserving access to the premises for inspections and repairs created a dispute about whether the landlords had exclusive control over the premises.

In that case, a woman was visiting her daughter and son-in-law at a house they were renting. She was going down the stairs in the house and fell off the landing at the bottom of the stairs. The landing step was eleven inches tall, which was taller than the rest of the stairs on the staircase, and did not comply with the applicable building codes. The woman filed a premises liability lawsuit against the landlords alleging that they were liable for the injuries she suffered due to the fall.

Under Maine premises liability law, a landlord is liable for injuries caused by a dangerous condition on property under a tenant’s exclusive control if the landlord: 1) fails to disclose to the tenant the existence of a latent defect that a landlord knows or should have known existed and which the tenant did not know of and should not have reasonably discovered; 2) gratuitously undertakes to make repairs and negligently completes the repairs; or 3) expressly agrees to maintain the premises in good repair. A landlord is liable for injuries to the tenant, as well as the tenant’s guests and others on the premises with the tenant’s consent. Exclusive control generally refers to the power over the premises that a landlord reserves according to the terms of the lease.

October 15, 2021

Suing a Driver for Road Rage in Maine

by Peter Thompson & Associates

Most motorists have witnessed or been the unfortunate victim of a road rage incident. While the at-fault driver may believe that they are justly acting out their anger, stress, or frustration, this conduct can be deadly. Those responsible for road rage accidents in Maine may be held liable for their negligent or reckless conduct.

The safety study by the AAA exchange reports that aggressive driving is common among drivers in the United States. They categorize aggressive or road rage as purposeful unsafe driving conducted deliberately will ill-will or disregard safety. Some common examples of road rage include:

Speeding in dense traffic

September 30, 2021

Understanding the Difference Between Criminal and Civil Claims in Maine

by Peter Thompson & Associates

Although many individuals involved in accidents file personal injury lawsuits after a car collision, sometimes people assume that if the at-fault party is facing criminal charges following a car accident, that they do not have to file a personal injury suit. This assumption is incorrect and could cost you, as the potential plaintiff, the opportunity to collect compensation following a major accident.

According to a recent news report, a suspected drunk driver injured an attendant after crashing into a toll booth. At around 1:40am, state police reported that the driver lost control of their vehicle and crashed into the booth, causing a fire to break out. The shattered glass and debris from the impact of the car hit the toll attendant on duty, who was taken to the hospital. The driver of the vehicle was charged with aggravated operating under the influence and has previous convictions for speeding and driving to endanger and multiple suspensions. The attendant was released from the hospital but was still in pain and explained he felt lucky to have escaped alive from the accident.

Even though the at-fault driver in this accident was charged with aggravated operating under the influence, this does not mean that the toll booth worker will automatically receive compensation for their injuries. To receive compensation for physical injuries or property damage following a car accident, a separate personal injury claim must be filed in civil court.

September 23, 2021

Maine Resident Suffers Injuries in Out-of-State Car Accident

by Peter Thompson & Associates

As the holiday season approaches, many people will be traveling out of state to visit friends and loved ones. The influx of travelers often results in an increased risk of an accident. While all accidents can cause serious injuries and damages, Maine drivers who suffer injuries in an out-of-state accident may face additional challenges.

Recovering damages after these types of accidents can be difficult because of the complex interplay between state and federal laws. Generally, those who wish to pursue a personal injury lawsuit must establish that a particular court has “jurisdiction” over the parties or claim. In most cases, the law requires plaintiffs to file the claim in the state where the accident occurred. However, depending on the unique facts and circumstances of a car, the injury victim may be able to file a claim in their state or where the at-fault driver resides.

Choosing the appropriate venue is critical to the success of a personal injury claim. While many prefer to file a claim in their home state, this may not be possible if the accident occurs in another state. However, there are exceptions, such as when the at-fault driver resides in the same state as the plaintiff. In other situations, the plaintiff may choose to file the claim in federal court. This option is only available if the parties meet the jurisdictional requirements of the statute.

September 16, 2021

Maine Motorcycle Passenger Claims Against Impaired Motorcyclist

by Peter Thompson & Associates

In Maine, those charged with Operating a Vehicle Under the Influence (OUI) may face serious criminal and civil penalties for any ensuing damages and injuries caused by impaired driving. An OUI refers to a motorist operating their vehicle with a blood alcohol content of .08% or higher. The threshold may vary depending on the type of vehicle the driver was operating.

In most personal injury and wrongful death claims, the injury victim or deceased’s estate must establish all the elements of negligence claims. In some cases, the at-fault party is the person operating the vehicle that the victim was a passenger. However, in Maine, passengers have the same right to recovery regardless of whether they were in the vehicle with the at-fault driver.

While the law permits the claim, injured passengers should be cognizant of how the state’s comparative negligence laws may play into their cases. In Maine, the law may bar a plaintiff’s action if their negligence is equal to or greater than the defendant’s. Unlike other states, a violation of a statute does not constitute negligence per se. However, the evidence may be used to support a negligence claim. Cases involving OUIs can present challenges to plaintiffs, especially if the defendant or other party claims that the plaintiff knew that the driver was under the influence. However, Maine law explains that a plaintiff’s awareness of a danger which results in his injury is not an absolute bar to recovery. This frequently comes up when an injured passenger knew that the at-fault driver was under the influence of drugs or alcohol.

September 9, 2021

An Investigation is Critical to Recovering Damages After a Maine Accident

by Peter Thompson & Associates

While accident reporting agencies group incidents into broad categories, in reality, each accident has a unique set of circumstances that can impact medical and financial recovery. Those who suffer injuries in a Maine car accident should not assume that the law entitles them to compensation. Law enforcement, emergency responders, medical providers, and insurance companies all have different interests in mind, and a victim’s compensation is not necessarily their priority. As such, it is critical that injury victims contact an attorney to ensure that they recover compensation from the liable parties.

Although the media depictions portray attorneys primarily in the courtroom, in reality, experienced attorneys are valuable during all stages of a claim. Maine lawyers can assist during investigations, settlement discussions, mediations, pre-trial proceedings, litigation, and appeals. Unlike many other parties involved in an accident or claim, a plaintiff’s attorney’s priority is to obtain a favorable outcome for their client. To accomplish this objective, a victim’s attorney will engage in a thorough investigation to determine the circumstances that led to the incident.

In the vast majority of cases, an accident indicates a failure on someone’s part. The failure could step from defective machinery, human error, or an environmental condition. While initial police investigations may point to a suspected cause or general fault, a thorough investigation can reveal why an accident occurred, and at which points it could have been prevented. This is especially critical in severe or fatal accidents where the parties may not be able to recount the events.

August 31, 2021

Impaired Driver Causes Maine Crash and Interstate Shutdown

by Peter Thompson & Associates

During busy travel months in the summer, more cars than ever are on the road as families head on road trips across the country. Often, no matter how much caution you exercise, factors beyond your control can make roads unsafe. For example, even on a day with clear skies and plenty of daylight left, external elements affecting other drivers such as exhaustion, fatigue, or driving under the influence could render roads extremely dangerous.

Unfortunately, Maine is no stranger to drivers who operate motor vehicles under the influence. According to recent statistics, 30.7 percent of total driving fatalities in 2018 were alcohol-impaired fatalities. In comparison, the national average for 2018 was 28.8 percent. With this in mind, it is crucial that Maine drivers remain vigilant and proactive, but also know what their legal options are if they are hit by a negligent or reckless driver under the influence.

According to a recent news report, a tractor-trailer crash shut down part of a local interstate and the driver is now facing several drug-related charges. The crash took place when a tractor-trailer hauling pantry staples veered off the right side of the road and collided with rock ledges framing the interstate. The tractor-trailer then rolled on its side and came to a stop with its cab partially in the right lane. Local authorities evaluated the driver, who was deemed impaired by Maine State Police and was arrested and charged with operating a vehicle under the influence of drugs, driving to endanger, and unlawful possession of methamphetamine.

August 24, 2021

Wrong-Way Car Accident Seriously Injures Maine Woman

by Peter Thompson & Associates

Earlier this week, a collision in Portland, ME nearly claimed the life of a Portland woman. According to a recent news report, the collision occurred on Interstate 295, near mile marker 6. Evidently, at around 1:30 am, police began receiving reports of a car traveling northbound in the southbound lanes of I-295.

Before police could respond to the calls, they received another report of a head-on collision in Falmouth, just a few miles from where callers reported seeing the wrong-way driver. The woman who was heading southbound was taken to the hospital in serious condition. She is expected to recover.

Police are still investigating the accident, however, they told reporters that they believe the wrong-way driver was intoxicated. He now faces aggravated DUI charges.

August 18, 2021

Maine Woman Critically Injured After Car Accident

by Peter Thompson & Associates

Although traffic signals and signs usually provide instruction on what to do while driving, some rules of the road aren’t always posted. Right-of-way laws, for example, are important rules every driver should be familiar with but are not necessarily always reflected in signage. Knowing when to yield and having familiarity with right of way laws is essential to keeping both pedestrians and drivers safe on our roads and avoiding Maine car accidents.

According to a recent news report, a local woman was critically injured after a failure to yield accident. A preliminary investigation of the crash site by local authorities indicated that the driver of a Buick failed to yield to oncoming traffic at an intersection. The Buick struck a pickup truck that was traveling east. While attempting to swerve around the Buick, the pickup truck crashed head-on into another car traveling in the opposite direction. Local authorities noted that failure to yield and speed were likely both contributing factors to the accident.

In Maine, right-of-way laws are straightforward and easy to understand. Generally, when Maine drivers fail to yield the right of way, four demerit points are assigned to the individual’s license. In addition, each offense is attached to a $50 fine with an $85 surcharge regardless of how many violations have accrued. If violations take place repeatedly, drivers risk getting their license suspended.

August 10, 2021

Maine Product Liability Lawsuit Based on a Company’s Marketing Practices

by Peter Thompson & Associates

Every year thousands of people suffer injuries because of dangerous or defective products. In some cases, the products have been on the market for years before consumers become aware of the dangers. Those who have suffered injuries because of a product defect should contact a Maine product liability attorney to discuss their rights and remedies.

Maine product liability lawsuits typically stem from defective manufacturing, defective design, or inadequate marketing. Claims involving failure to warn typically fall under marketing defect claims. Historically, the most well-known product liability lawsuits fall under failure to warn claims. For example, the monumental lawsuits against asbestos and tobacco manufacturers fall under a failure to warn theory.

A marketing defect is a danger created by a manufacturer’s failure to warn consumers of the potential hazards of using a product. Under state and federal laws, manufacturers have a duty to warn consumers of common dangers and risks associated with using their products. The company must clearly convey these warnings to consumers on the product’s labels or inserts.