Maine Injury Lawyer Blog

February 17, 2021

Concerns over Tainted Baby Food in Maine

Most parents and caregivers have come across the headlines regarding the concerning amounts of heavy metals in toddler juices and infant cereals, pouches, and puffs. Unlike typical Maine food poisoning lawsuits, claims surrounding tainted infant foods may pose more challenges. Families who believe that their child suffered injuries from consuming tainted infant food should contact an attorney to discuss their rights and remedies.

According to a recent New York Times article, the alarming reports from the U.S. House of Representatives Committee on Oversight and Reform follow a review of internal documents from seven of the largest baby food manufacturers in the country. The request came after the Food and Drug Administration (FDA) and World Health Organization (WHO) found that heavy metals present in baby foods are dangerous to infants and childrens’ cognitive development. Although many of the companies complied with the request, several declined to participate. The companies’ refusal presents further concerns that these manufacturers may be concealing dangers.

It is important that parents understand that heavy metals such as arsenic, lead, cadmium, and mercury occur naturally in soil and through agricultural practices and manufacturing. However, many of the baby foods included in the study contained unsafe levels. Those who suffer heavy metal poisoning may experience diarrhea, nausea, abdominal pain, vomiting, breathing issues, chills, and weaknesses in some situations.

February 10, 2021

Two Maine Teenagers Killed in Tragic Car Accident

by Peter Thompson & Associates

Car accidents are usually sudden, unexpected events and often end with significant injuries or even death. When someone in an accident was killed as a result of another party’s negligence or was perhaps a passenger in a vehicle where the driver operating the vehicle itself was negligent, family members of the deceased may have grounds for a Maine wrongful death claim.

According to a local news report, two teens were killed, and several others were seriously injured following a major car collision. Local authorities reported that a Toyota Avalon crashed into a Pontiac carrying four teenage passengers, which left two of the teenagers, ages 17 and 15 respectively, dead at the scene. The couple that was in the Avalon and one of the teenage passengers remain hospitalized with serious injuries. Law enforcement is still investigating the crash and trying to identify what caused the accident to take place.

Following a tragic accident, filing a claim may be the furthest thing from your mind. However, a wrongful death claim could provide a valuable avenue for recovering compensation for injuries that lead to death. A wrongful death lawsuit is a type of personal injury claim where surviving members of the deceased’s family or other designated individuals can seek damages after the deceased’s death. Wrongful death claims were originally and historically created to provide loved ones with an avenue for recovery and to avoid situations where the at-fault or responsible party could get away with their actions simply because the victim died.

February 3, 2021

Court Dismisses Medical Provider’s Argument Involving Judicial-Economy Exception in Maine Medical Malpractice Lawsuit

by Peter Thompson & Associates

Recently, the Supreme Judicial Court issued an opinion in a complex federal and state Maine medical malpractice case. The case arose following injuries a patient suffered during a 2013 surgery to her rotator cuff. The patient argued that the medical provider diagnosed her and suggested surgery, without addressing how the patient’s Tourette’s Syndrome would affect the doctor’s surgical approach. During the patient’s informed consent process, the orthopedic practice providers did not advise her that if the doctor found a rotator cuff tear, he would not repair it because the surgery would be “guaranteed to fail.” The doctor discovered a tear during surgery and did not repair the cuff. The patient continued to experience pain and ultimately underwent surgery in 2015 and 2018 with another provider to repair her rotator cuff.

In 2016, under the Maine Health Security Act (MHSA), the patient filed a notice of claim for negligence, failure to obtain informed consent, failure to repair, and failure to obtain an MRI, against the medical provider. Additionally, she filed a federal discrimination case against the doctor based on a violation of the Americans with Disabilities Act (ADA). She alleged that the doctor treated her disrespectfully, rudely, and in an insulting manner. In 2018, the prelitigation panel found that the medical provider was not negligent. After the federal court dismissed the plaintiff’s malpractice case, the plaintiff filed the complaint in a state action. The defendant moved to dismiss the case based on claim preclusion.

A party may move to bar litigation under claim preclusion if there were issues that could have been litigated in the original action under the original claim. In this case, the court found that it was unclear whether claim preclusion bars the plaintiff’s state malpractice case. Therefore, the court addressed the threshold issue of whether they should reach the appeal’s merits. Under the final judgment rule, appellate courts will only hear appeals from “final” judgments in a case, and parties cannot appeal rulings while the case is still ongoing. However, a judicial economy exception exists, in cases where an appellate review can establish a final disposition. Courts generally invoke this exception in unique situations such as when there are multiple pending proceedings or exceedingly long litigation.

January 27, 2021

Two Maine Residents Killed in Crash Stemming from Police Chase

by Peter Thompson & Associates

Maine car accidents are common, especially when roads are crowded and vehicles are moving at high speeds. Throw into the mix a police chase, and the risk of an accident increases exponentially. According to a recent local news report, two people died in a car accident stemming from a police chase on the interstate. Evidently, a man led police on a high-speed chase, which caused traffic to slow significantly on one side of the highway. In the midst of the heavy traffic, a tractor-trailer collided with a passenger vehicle, which pushed it under another tractor-trailer. Two local Maine residents were pronounced dead at the scene. The collision remains under investigation, but police have identified the driver in the chase that caused the major traffic stall, who faces multiple charges related to the chase.

In Maine, following a fatal accident where someone dies because of another party’s irresponsibility or negligence, wrongful death claims are available for certain individuals to file on behalf of the deceased. Because of the complexity of these claims, potential plaintiffs who are considering filing a wrongful death claim are always advised to contact an experienced personal injury attorney who can navigate local state laws with ease.

In wrongful death claims, many potential plaintiffs do not realize that an individual or at-fault party could be found not guilty in a criminal case, but still be responsible for damages in a wrongful death case since these claims are civil in nature. Most of the time, wrongful death cases are advanced by surviving family members seeking financial compensation following a tragic accident.

January 20, 2021

How Maine Residents Can Bring a Lawsuit After an Injury Caused by a Defective Toy

by Peter Thompson & Associates

The holiday season, and especially gift-giving, is often a favorite for many individuals. It is especially exciting to see children unwrap new toys that they will play with for months to come. However, when these toys are defective—and parents do not know it when they give them to their children—the children may be hurt by the toy. When a child is injured because the product is defective, they can bring a Maine product liability claim, alleging the defective product caused their injury. Product liability refers to a manufacturer or seller being held liable for placing a dangerous product into a consumer’s hands.

While toys are often seen as fun and enjoyable, there can be major consequences if they are unsafe. In 2018, there were an estimated 226,100 toy-related injuries treated in U.S. hospitals; 73% of these injuries happened to children 15 years old or younger. Tragically, there were also 17 toy-related deaths that occurred to children that same year. These deaths resulted from non-motorized scooters and riding toys, rubber balls, stuffed toys, and plastic toy food.

Toys—along with other consumer products—are often recalled because they can be dangerous to use. However, when someone is injured because they used the product, the individual, or their loved one if they passed away, may pursue a product liability claim. According to Maine law, a person who sells any products in a defective condition that is unreasonably dangerous to the user or his property is subject to liability for the physical harm caused. There are other requirements to products liability a plaintiff must prove: (1) the injury occurred to a person whom the manufacturer, seller, or supplier might reasonably expect to use, consume, or be affected by the product or to his property; (2) the product is expected to and does reach the user without significant change in condition in which it is sold.

January 13, 2021

Thousands of Recalled Ceiling Fans Could Affect Maine Consumers

by Peter Thompson & Associates

No matter where you live, you probably have a ceiling fan in at least one room of your home. Given how common ceiling fans are in all kinds of residences, from houses to apartments to studios, you probably do not give them a second glance when entering a room. In the event that a ceiling fan is defective, however, and hurts someone or damages property while spinning because of the manufacturer or a design flaw, you may be able to recover damages in a Maine product liability lawsuit.

According to a recent news article, more than 190,000 ceiling fans have been recalled after the blades detached. Flying blades, the Consumer Product Safety Commission claimed, could cause injury and damage property for unsuspecting consumers. Of the 80,000 sold to consumers in the U.S. and Canada, there have been 47 reports of blades detaching from the fans, with two of them involving blades hitting people and four involving property damage. The Consumer Safety Commission has recommended that all consumers immediately stop using the fans, especially if they notice unusual blade movement or uneven gaps that appear between the body of the fan and the blades. Further, consumers can contact the distributor of the fans for a replacement free of charge.

If you are a Maine consumer who was injured by a ceiling fan, you may have a product liability claim. When you purchase any product, there are promises, otherwise known as implied warranties, made between the manufacturer of the product and the seller. Consumers receiving a product that is fit for the purpose for which it was sold and not defective, for example, is one of those warranties. Thus, when someone is injured because the product fails to deliver on those warranties, then both the seller and the manufacturer could be responsible for any injuries that occur to the consumer.

January 6, 2021

Three Steps to Avoid Maine Winter Weather Car Accidents

by Peter Thompson & Associates

Maine is no stranger to severe weather events—and even sometimes when the weather doesn’t appear to be too bad, snow, ice, and rain during the winter months can significantly impact road conditions. As a result, drivers must operate with increased care when commuting during the colder months. Even if there isn’t a storm at the moment, leftover snow, ice, or slush on the road could have devastating consequences for travelers.

According to a recent news report, heavy equipment was needed as crews worked to remove a truck after an accident. Local authorities reported that the driver of a Ford F-150 lost control of his truck after hitting slush and crossed the center line of the road, which put him in the path of a large box truck hauling newsprint. The box truck driver swerved to avoid crashing into the F-150 head-on, which caused him to fly through a guard rail and roll on its side. The truck stopped at the bottom of an embankment in the median. Luckily, the driver was treated and released from the scene for minor injuries, but it took crews several hours to remove the vehicle after shutting it down for several hours.

To avoid accidents in Maine, drivers must be ready for all kinds of weather. Because of how quickly the weather can shift, especially during winter, our roads can become dangerous and tricky to navigate in just moments. To keep yourself safe, there are a number of steps you can take as a driver to proactively prepare for potential accidents and reduce the likelihood of one taking place.

December 24, 2020

What Are Maine Underride Truck Accidents?

by Peter Thompson & Associates

Although there are various dangers on our roads, trucks are responsible for a significant number of them. Being more susceptible to accidents because of their larger size and weight compared to average passenger vehicles, trucks can often put even the most experienced drivers on high alert. Of the various ways you could be involved in a significant accident with a truck, Maine truck underride collisions may be one of the most deadly and horrific.

A truck underride collision occurs when a regular passenger vehicle like a sedan or even an SUV crashes into a semi-truck or other large multi-wheeler vehicle and then slides under the truck. When the passenger vehicle goes under the larger truck, it often scrapes the roof off of the passenger vehicle and can kill the occupants upon impact. Sometimes, when the driver and passengers of the passenger vehicle are more fortunate, the crash will occur next to one of the larger truck’s axles, which prevents the passenger vehicle from physically going completely under the truck.

According to national statistics, truck underride collisions account for nearly a quarter of deaths from accidents involving trucks. Of all the types of truck underride collisions, side underride and rear underride crashes occur most frequently.

December 17, 2020

Navigating a Maine Pedestrian Accident

by Peter Thompson & Associates

Since you were a child, you’ve probably been told to look left, look right, and then to look left again before crossing the street. Especially on busy, congested roadways, pedestrians must exercise extra caution and proactively avoid cars while crossing the street. Sometimes, however, even the most diligent pedestrians end up in devastating accidents. Whether the driver doesn’t see the pedestrian in a blind spot or isn’t paying attention to the road, a Maine pedestrian accident can cause devastating consequences.

For example, according to a recent news report, a 27-year-old Maine woman was killed by a car while crossing a crosswalk. According to local authorities, the driver was also injured and transported to a local hospital after the incident. The crash is still under investigation.

Pedestrian deaths are on the rise in Maine. According to the Maine Bureau of Highway Safety, pedestrian deaths tripled between 2018 and 2019. In response, public safety officials claim that pedestrians and drivers have important roles in making the streets safer. For example, pedestrians should wear bright and reflective clothing for increased visibility for drivers, especially at night. Crossing the street at designated crosswalk areas, authorities suggest, can also decrease the likelihood of accidents.

December 10, 2020

Recovering After Maine Weather Related Car Accidents

by Peter Thompson & Associates

As cooler temperatures descend upon the northeast, so too does inclement weather. Although Maine is no stranger to snowstorms, ice, and other cold-weather events, driving in these conditions can be challenging and potentially deadly for even the most experienced drivers. It is essential that if you need to travel during the winter months, especially when weather events are taking place, you exercise the utmost caution to avoid a Maine weather related car accident.

In a recent news report, two people died in a crash while traveling during a snowstorm. The vehicle was traveling north when it crashed and went over an interstate guardrail near an overpass. The car landed on its roof before going over another guardrail and catching on fire. The driver and his passenger, both locals of Sanford, were pronounced dead on the scene when local authorities responded to the accident. Following an investigation into the accident, law enforcement cited speed, weather conditions from the snowstorm, and traffic congestion from another crash as major factors in causing the accident.

Following an accident involving poor weather conditions, you may be wondering if you have a legal claim. Although each case depends on the circumstances surrounding the crash, there are a few scenarios where you may be able to still recover compensation. For example, if the weather played a contributing factor in causing the accident, the other party may claim that the crash was “an act of God.” However, this defense only works if the weather was very unexpected or so significantly unusual that the other party could not have anticipated the weather.