Maine Injury Lawyer Blog

September 21, 2020

Maine Product Liability Law Concerning Defective Amazon Products

Product liability claims generally arise when an individual suffers injuries as a result of a defective or unreasonably dangerous product. Under Maine product liability law, any person who is a “reasonably expected” user of the defective product may have standing to file a lawsuit, regardless of whether they purchased the product. Further, although many products have limitations on warranties, state law provides that manufacturers and sellers cannot limit the implied warranties on consumer products. It is important to note that the law distinguishes between consumers and commercial purchasers. Despite the broad rights and remedies that consumers have, Maine product liability lawsuits often entail many challenges.

Maine product liability claims are often complicated, especially when the defective product was bought through Amazon, or a similar online retailer. Historically, Amazon maintained protection for defective products purchased through their site. However, the tide has begun to turn, and courts have found that Amazon cannot always shield itself from liability for defective products. This policy shift has occurred mainly after a series of situations where consumers suffered injuries from defective products sold by third-parties. However, lawmakers are now focusing on Amazon’s liability for its own defective merchandise.

A recent news report indicates that senators across the United States are demanding that Amazon recall hazardous Amazon-brand products. Many of these products are marketed under “AmazonBasics.” Safety experts discovered that many defective products remained available for sale, despite reports that they presented fire hazards. Senators wrote to Amazon CEO, Jeff Bezos, indicating that Amazon’s refusal to remove defective products may pose a serious threat to consumers.

September 15, 2020

Filing a Personal Injury Lawsuit after a Maine Head-on Collision

by Peter Thompson & Associates

Maine head-on collisions are typically some of the most devastating types of accidents because they tend to lead to serious injuries or death. Unlike other collisions, head-on collisions involve two cars that are traveling toward each other before the accident. In these accidents, the drivers and front passengers are often flung toward, and maybe through, the front windshield. According to the Insurance Information Institute, head-on collisions account for approximately 2 percent of motor vehicle accidents, but they lead to 10 percent of yearly accident-related deaths.

For example, recently, a Maine news report described a harrowing head-on collision involving a car and a pickup truck. An initial investigation revealed that a sedan heading east crossed into a center lane. The pickup truck driver was traveling westbound when the sedan slammed into his vehicle. The sedan driver was not wearing a seat belt and was ejected from his car. His female passenger was wearing a seat belt but died at the scene of the accident. The pickup truck passengers were wearing seat belts, but were transferred to a hospital for their injuries.

Like the collision above, most head-on accidents occur when a motorist crosses to the wrong side of the road. Although these situations may occur because of poor road conditions, defective vehicles, and bad judgment, the majority occur because of driver impairment. The at-fault driver may be fatigued or driving under the influence of drugs or alcohol. In fact, the Centers for Disease Control cites drowsy driving as a leading cause of head-on collisions.

September 8, 2020

Maine Motorcycle Accidents and Helmet Laws

by Peter Thompson & Associates

For many people, motorcycles are a preferred method of transportation for their day-to-day transportation needs. Motorcycles are often less expensive to buy and own when compared to a car, they are faster, and need less storage space and gas. For these reasons, motorcycles seem to be growing in popularity for both commuters and casual riders. However, motorcycles can also pose a number of unique dangers – especially when ridden without a helmet. This is why many states, like Maine, have implemented helmet laws in order to increase road safety for motorcycle operators and to encourage the community to engage in safer practices when they choose to ride a motorcycle.

In a recent news report, two Maine residents were killed in a tragic motorcycle accident. The two individuals were on their motorcycle when it collided head-on with an SUV coming from the opposite direction. The pair were traveling on their motorcycle when they veered into the lane of oncoming traffic. The driver of the SUV was transported to a local hospital with some complaints of pain, but his passenger was uninjured. Both motorcycle passengers were reported dead on the scene, and neither were wearing helmets.

Across the U.S., not all states have helmet laws. However, Maine has had a mandatory motorcycle helmet law since 1967. In Maine, violations of helmet laws can lead to a traffic infraction. Motorcycle and moped operators in Maine must always wear protective headgear or a helmet if they are under 18, under a learner’s permit or within a year of completing a driving test, or the passenger of a driver required to wear headgear.

August 26, 2020

Maine Food Poisoning Lawsuits Following Salmonella Contamination

by Peter Thompson & Associates

Salmonella is a common bacterium associated with many food-related illnesses in the United States. There are many challenges with containing the bacteria because it cannot be seen, smelled, or tasted. Despite the benign presentation of food products containing salmonella, the consequences of ingesting it are often severe. The bacteria often result in salmonellosis, an illness marked by severe gastrointestinal distress, including vomiting, diarrhea, and stomach cramping. Individuals who suffered illness related to contaminated foods should contact a Maine product liability attorney to discuss options for recovering for their losses.

Although salmonella infections occur infrequently, the contamination can cause serious illnesses leading to hospitalization and even death. Salmonella poisoning is particularly dangerous for medically vulnerable individuals. These populations include pregnant individuals, infants, older adults, and those undergoing treatment for cancer and other serious conditions. Many infections stem from foods processed with contaminated meat and nut butter, raw eggs, dairy products, raw or undercooked meat, and raw fruits and vegetables. Salmonella poisoning occurs more often in the warmer temperatures, as the bacteria grow faster with heat. Further, many people consume a more substantial amount of raw fruits, vegetables and undercooked meats during the warmer months.

For instance, according to a recent news report, the Food and Drug Administration (FDA) recently advised consumers to discard peaches that they believe carry salmonella. After nearly 70 people suffered illnesses related to salmonella contamination, the FDA discovered that the common denominator was peaches packed by a specific company. The packing company explained that the majority of their peaches were sold to one grocery chain, Aldis, but they were distributed to others across 16 states. FDA officials explained that determining the cause of contamination is challenging because contamination can occur at any step of distribution, including picking, transporting, packing, handling, and unloading.

August 18, 2020

One Dead Following Tragic Maine Boat Crash

by Peter Thompson & Associates

During these warmer summer months, everyone is heading outdoors to cool off. While some people prefer to spend their days by the pool, others have been enjoying the warmer weather by spending a day on a lake or the ocean. Although these trips are usually filled with fond memories and valuable time spent with friends and family, many of the recreational activities that take place at the lake or beach can be dangerous and lead to accidents. When such accidents occur, those who are responsible may be held accountable through a Maine boat accident lawsuit.

In a recent news report, a tragic boat collision on Toddy Pond left a local man dead. During a gathering of friends and family, a boat was struck from behind by a a teenage girl operating a jet ski who was also part of the group. The jet ski accelerated suddenly and collided with the boat’s stern as the two boats were traveling through a headway speed portion of Toddy Pond.

The victim was with several others dangling their feet in the water sitting on the back of the boat when struck by the jet ski and thrown into the water. The victim was not wearing a life jacket. In addition, a thirteen year-old boy who had been wearing a life jacket was also injured by the jet ski and was brought to a local hospital with head, leg, and potential internal injuries. According to the authorities, on board the boat were thirteen people, and a driver and passenger on the jet ski. Local officials and a dive team found the victim’s body in Toddy Pond, and the collision remains under investigation.

August 13, 2020

Liability in Maine Car Accidents After a Motorist Experiences a Medical Emergency

by Peter Thompson & Associates

In Maine, individuals who suffered injuries or died in a car or other accident because of another’s fault, may be entitled to compensation for their damages and losses. However, even if the evidence suggests that the other party was at fault, each case presents unique circumstances that may affect liability and recovery. One of the most challenging situations is when the defendant experiences a medical emergency that leads to an accident.

Under Maine’s negligence laws, plaintiffs must establish that the at-fault party deviated from a reasonable person’s standard of care. A “reasonable person,” is one who exercises average care and judgment in their conduct. However, the law allows for flexibility, which is relevant to the affirmative “sudden emergency” defense. This doctrine applies in situations where the at-fault party experiences an unavoidable medical event or encounters an “Act of God”, that leads them to cause an accident.

For example, recently, a Maine news report described an accident involving a medical emergency. In that case, a driver experienced an undisclosed medical emergency when he crossed into an oncoming lane of traffic and off the road. The driver then slammed into a pedestrian. The pedestrian was taken to a hospital where he later succumbed to his injuries. Although the case is still under investigation, police urge Mainers to engage in safe driving behaviors and refrain from operating their vehicle if they are ill or under the influence of drugs or alcohol.

August 5, 2020

Maine Nursing Home Lawsuits Based on Defective Personal Protective Equipment

by Peter Thompson & Associates

COVID-19 continues to cause medical, financial, and psychological stress on people throughout the United States. In addition to the general fear surrounding the virus, many people, including those residing in Maine nursing homes, face the pandemic’s continued threat. These vulnerable individuals are at risk for serious medical consequences if they contract the coronavirus. Although most nursing homes and assisted living facilities understand the heightened need for health and safety measures, these facilities continue to see a rise in cases and deaths.

Maine nursing homes whose staff do not possess the training, skills, and access to personal protective equipment (PPE) to safely care for the facility’s residents, can cause a widespread outbreak. Inadequate and defective equipment can have disastrous effects on staff, residents, and visitors. Although, the government provides a broad range of immunity to these facilities for lawsuits related to the COVID-19 pandemic, Maine nursing home neglect and abuse victims must understand their rights and remedies.

For example, a national news source recently reported a troubling situation where the Federal Emergency Management Agency (FEMA) sent inadequate PPE to nursing homes facing the COVID-19 pandemic. These facilities were benefactors of a widespread effort to provide medical professionals with PPE. However, several nursing homes and assisted living facilities reported that the shipments they received included questionable products. The facilities complained that the boxes included unmarked zip-top bags with loose gloves, defective surgical masks, and protective gowns without arm openings. FEMA claimed that although the equipment met regulatory guidelines, they would be contacting the private contractor to issue replacements.

July 28, 2020

Recovering Compensation After a Maine Pedestrian Accident

by Peter Thompson & Associates

With various stay-at-home and social-distancing measures in place because of COVID-19, many of our neighbors have been spending more time outdoors. Taking an evening or early morning stroll, biking, or running have been popular activities during this time. Of course, more people outdoors also means that motorists need to be more cautious of people crossing streets and in bike lanes. Pedestrians also need to be safe while having fun or enjoying fresh air outdoors, but sometimes Maine pedestrian accidents happen even when all safety precautions are taken.

Based on a report from the Maine Bureau of Highway Safety, pedestrian crashes and fatalities in the state have remained consistent over the years. Additionally, based on a recent article, Maine has seen a rise in the number of pedestrian deaths since 2019, leading state authorities to establishing more concrete action items toward eliminating motor vehicle-related fatalities.

In an effort to address this public safety issue, the Maine Bureau of Highway Safety has begun offering grants to law enforcement in communities in the state with higher occurrences of pedestrian crashes. State authorities tasked with addressing the issue have observed various causes for the increase in numbers. Some constituents have reported that motorists driving too fast, going over speed limits. Others have urged local authorities to re-evaluate current speed limits and potentially lower them because these limits have discouraged people from wanting to take a walk or ride a bike because of safety concerns.

July 21, 2020

The Importance of an In-Depth Investigation in Maine Hit and Run Accidents

by Peter Thompson & Associates

After a Maine motor vehicle accident, injury victims are likely suffering physically, emotionally as well as financially. One way to ease this burden is to pursue a claim for damages through an insurance claim or personal injury lawsuit. However, challenges arise when the responsible party fled the scene of the accident or failed to provide their identifying information. In these cases, Maine treats the accident as a hit and run. It is important that Maine hit and run injury victims contact an attorney to help them through these complicated situations.

There are many reasons that a motorist may leave the scene of an accident. However, it typically occurs if the driver was engaged in some illegal activity, such as driving without a license, or driving under the influence of drugs or alcohol. Additionally, hit and run motorists may want to avoid paying damages or being named in a lawsuit. In some rare cases, the driver may be experiencing a medical event or not realize that they hit another vehicle or person.

In any event, hit and run accidents often result in more serious injuries and leave victims in a challenging position. Once the responsible party flees the scene, they can be difficult to identify and locate. Police may investigate the accident scene, review video footage, and interview witnesses; however, this investigation may fall short in some cases. In contrast, attorneys often work with a team of investigators and forensic experts that can help in recreating the scene of the accident. These resources provide clients with a higher likelihood of success in resolving their cases.

July 14, 2020

Maine Dental Malpractice Lawsuits

by Peter Thompson & Associates

Although Maine medical malpractice cases often stem from the negligence of a physician, nurse, or similar healthcare provider, a significant portion of these complaints are based on allegations of dental malpractice. Like every other medical profession, a dentist’s negligence in treatment may cause patients to suffer irreparable damage. As such, over 30,000 patients in the United States have filed complaints against dentists and oral surgeons over the last ten years.

Maine law requires dentists to provide care that meets or exceeds the standards of the dental profession. Dentists must appropriately communicate their treatment plans, acquire informed consent, engage in appropriate record keeping, and provide safe and effective treatment. When a dentist fails to meet this standard, they may be liable for the damages that a patient suffers.

The National Society of Dental Practitioners compiled a list of the most common causes of dental malpractice in the country. The majority of claims stem from a dentist or their office’s failure to return a fee after promising an unfulfilled result, failing to acquire informed consent, their inaccessibility to patients, failure to refer, diagnose or treat a condition, prescribing incorrect medication, or making treatment errors.