Maine Injury Lawyer Blog

April 20, 2020

Important Laws Pertaining to Maine Personal Injury Cases

Individuals who suffer injuries because of another person or entities’ negligence may be able to recover for their damages from the negligent party. Under Maine’s personal injury laws, victims who wish to recover damages must be sure to adhere to the state’s strict procedural and evidentiary rules. Injury victims should consult and retain an experienced Maine injury victim to ensure that their rights and remedies are appropriately addressed.

Maine’s “statute of limitations” provides Maine injury victims with a strict amount of time that they have to file a personal injury lawsuit against the culpable party. In Maine, personal injury plaintiffs must file their lawsuits within six years of when the incident giving rise to the claim occurred. Relative to other states, Maine provides victims with a longer time frame to file their lawsuit; however, plaintiffs still risk dismissal if they fail to abide by the time period. Additionally, there are stricter and shorter deadlines when the claim is against a governmental entity such as a city or county. In those cases, plaintiffs must meet additional notice requirements, and they only have two years to file their claims.

Another critical concept that injury victims must understand is Maine’s comparative fault rule. Maine follows the modified comparative fault rule to resolve cases where the plaintiff is partially responsible for causing their own injuries and damages. Under the law, an injury victim’s damages will be reduced relative to their percentage of fault, as long as they are less than 50% responsible. If the injury victim is more than 50% responsible, courts will bar their claim, and they cannot collect any damages from the other party. The law requires Maine courts to apply the rule whenever the two parties share fault; however, the rule is also relevant during insurance settlement negotiations.

April 13, 2020

Establishing Liability and Recovering Compensation after a Maine Hit and Run Accident

by Peter Thompson & Associates

Apportioning liability and recovering compensation in Maine hit and run accidents is typically challenging, and these lawsuits contain unique legal issues. The legal ramifications of Maine hit and run accidents are more serious than a typical traffic accident. Generally, all motorists must exhibit a standard of care when operating their vehicles. When they breach this duty and cause injuries, negligent drivers must take steps to ensure the other party’s safety and mitigate potential damages. When a negligent motorist fails to do this, they may face serious criminal and civil penalties under Maine’s hit and run statutes.

If a Maine driver is involved in an accident resulting in serious personal injury or significant property damage, at a minimum, they must contact law enforcement and emergency services. The driver must also provide the other driver or police with their identifying information, such as their name, contact information, and driver’s license information. Maine classifies leaving the scene of an accident as a “Class C” crime, and hit and run drivers may face driver’s license suspension on top of other fines and penalties.

In addition to potential criminal penalties, Maine hit and run drivers may face significant civil penalties as well. The victim or their loved one may be able to recover damages for their injuries and losses. Although, Maine courts rarely award punitive damages, some plaintiffs may be entitled to these damages in situations where the defendant engaged in intentional malice. Unfortunately, these cases often contain challenges because it may be difficult to locate the negligent motorist, and this can delay proper treatment and financial recovery. Victims of these accidents should contact an attorney to discuss their case and assist with an investigation to ensure that their rights and remedies are effectuated.

April 7, 2020

Driver Who Killed Two in Maine Accident Charged With Manslaughter

by Peter Thompson & Associates

Nine months ago, tragedy struck in Norridgewock, Maine, when a car crash on the Fourth of July killed two people. According to a recent news report, a 51-year-old Norridgewock man, was driving his dump truck southbound down Ward Hill Road when he collided with a Pontiac Torrent driven by an 85-year-old woman from Madison. The crash killed the woman in the Pontiac, as well as her passenger, her 80-year-old husband. The driver of the dump truck was taken to Redington Fairview General Hospital in Skowhegan but had no life-threatening injuries.

Now, months later, the driver is being charged with Class A manslaughter for recklessly or negligently causing the deaths of the elderly couple. The District Attorney for Kennebec and Somerset counties said that the charge was brought against him after her office reviewed the police’s investigation and the results of an accident reconstruction. In Maine, Class A manslaughter convictions can lead to a maximum of 30 years in prison and up to $25,000 in fines. The defendant, who pled not guilty, is being represented by counsel. In a statement, his lawyer said that the tragic accident was just that, an accident, and that his client tried to stop when the car pulled out in front of him.

The outcome of the case is still unknown; while a court date will be set in the near future, it is currently being postponed due to court shutdowns from the coronavirus pandemic. However, the criminal charge, while it may provide comfort to those who were close to the two victims, does very little to actually help them through the grieving process.

March 26, 2020

Maine Children May Be at Risk Due to Defective Baby Formula and Mixer

by Peter Thompson & Associates

According to a recent report, pediatricians discovered that Baby Brezza, an expensive baby formula maker, may pose serious health risks to infants. The machine is a popular baby registry item and available for sale at various retailers such as Target, Buy Buy Baby, and Amazon. The company markets its’ patented product as an advanced way to mix powdered baby formula and water. However, a recent lawsuit alleges that some of the mixers are defective. This defect causes the product to create a watery formula that is less than required to meet a baby’s nutritional needs.

The initial plaintiffs in this case filed a lawsuit after their 2-month-old daughter began to exhibit increasing signs of fussiness and weight loss. The couple took the baby to her pediatrician, who confirmed the weight loss and sent the child for additional testing to determine the cause. Evidently, the cause was the formula maker, as the machine was dispensing watery formula. Over the last two years, the company received hundreds of complaints about the machine after parents discovered the machine was dispensing incorrect or inconsistent amounts of water. Further, several pediatricians described patients who were diagnosed with failure to thrive, after their parents fed them bottles dispensed from the machine. Additionally, pediatricians warned parents that babies who ingest bottles from this defective product may face other severe gastrointestinal issues, because their systems are not equipped to handle concentrated formula. The company alleges that their products are not defective and any issue is likely the result of caregivers incorrectly using the machine.

Parents who notice that their child is exhibiting changes in their feeding response, temperament, body temperature, or breathing should immediately contact their child’s healthcare provider. This change may be the result of defective formula, baby food, or formula maker. These changes can result in their children suffering severe weight loss, fevers, crying, sleepiness, and other life-threatening conditions. Manufacturing companies and retailers may be held liable under various Maine product liability theories, including negligence, strict liability, or breach of warranty theories. These claims often arise from manufacturing errors, failure to warn of possible risks, and design defects. Although the original Baby Brezza lawsuit was filed in another state, parents in Maine should contact an attorney to determine their rights and remedies.

March 20, 2020

Coronavirus Outbreak and Maine Nursing Home Liability

by Peter Thompson & Associates

As the days go on, people across the United States have become increasingly concerned about the spread of COVID-19, commonly known as the coronavirus. The disease is thought to have originated in China and has quickly spread throughout the world. Maine’s Center for Disease Control Director has noted that there are about 30 confirmed cases and 12 presumed positive cases in the state. Although, in the majority of cases, the disease poses a relatively low risk of death, that is not the case for older adults. This is illustrated by how quickly the disease ravaged nursing home residents in Seattle. In some cases, it may be difficult to pinpoint precisely how transmission occurred, but in others, the negligence of a nursing home or their staff may be to blame for a resident’s disease or infection. A Maine nursing home abuse and neglect attorney can assist individuals in determining whether their long-term care facility or nursing home is responsible for their injuries.

Similar to other more commonly known viruses, coronavirus, is more likely to cause serious illness and death to individuals over the age of 65 or those that are immunocompromised. Recent research conducted by the CDC suggests that the fatality rate for individuals ages 60 to 69 is over 3.5%; for those ages 70 to 79, the rate of death if about 8%, and jumps to close to 15% for those 80 years or older. Further, those suffering from heart disease, chronic respiratory disease, diabetes, and hypertension are at an increased risk of fatal complications.

Given this stark reality, nursing homes and assisted living facilities should abide by the CDC’s guidelines and recommendations to prevent the spread of disease. All of these facilities should have plans in place to prevent and control these viruses and infections from spreading to their residents. Moreover, they should have an emergency plan if an outbreak does occur. To minimize the risk of an outbreak, healthcare workers and staff at these facilities should follow basic hygiene habits. This includes thoroughly washing hands before and after providing care to a resident and wearing eye and face protection.

March 6, 2020

Arbitration Contracts in Maine Nursing Home Lawsuits

by Peter Thompson & Associates

As the number of two-income households continues to increase, more families will begin to rely on Maine nursing homes to provide necessary care to their aging loved ones. Of course, selecting a nursing home for a loved one is a difficult decision. While many nursing homes are reputable facilities with care staff members, that simply is not the case for them all. Indeed, one study found that nearly 25 percent of all nursing home residents will experience at least one instance of physical abuse during their stay at a facility.

Under Maine law, nursing homes have a duty to provide an adequate level of care to each of their residents. Of course, this includes ensuring that residents are not abused by staff members or other residents, but it also includes making sure that residents’ physical needs are met. When a nursing home fails to live up to its duty, the resident (or their family members) can hold the facility accountable through a Maine nursing home lawsuit.

Arbitration contracts are an important part of many nursing home lawsuits. Thus, it is critical for residents and their family members to understand how arbitration contracts work, and what their limitations are. An arbitration agreement is a contract that is usually between the resident and the facility by which the parties agree not to pursue a claim through the court system. Instead, the parties agree that a neutral arbitrator will hear the case and render a binding decision.

February 26, 2020

The “Open and Obvious” Defense in Maine Premises Liability Lawsuits

by Peter Thompson & Associates

Under Maine premises liability law, landowners and occupiers generally owe a duty to ensure that their property is free from dangerous conditions that could result in unreasonable harm to lawful visitors. Unlike other states, which rely on the classification-of-status approach to premises liability, Maine determines liability based on the injury victim, the cause of the injury, and if the property owner did anything to prevent the damage. This framework applies to landowners, retail stores, some recreational areas, and private individuals. It does not apply to trespassers except if an attractive nuisance is involved. Further, Maine law provides landowners with specific defenses to liability that may limit a plaintiff’s recovery.

Maine’s comparative negligence principles allow plaintiffs to recover for damages even if they were partially responsible so long as they were less than 50% responsible. Defendants will frequently assert comparative negligence defenses by claiming that the dangerous condition was so “open and obvious” that the landowner should not be liable. However, exceptions exist in circumstances where the landowner should anticipate the harm despite the obviousness of the danger. Determinations regarding open and obviousness require a thorough and in-depth analysis of the specific condition.

For example, a state appellate court recently issued an opinion in a case hinging on whether a hole in a parking lot of a shopping center was an open and obvious danger. In that case, a woman parked in a parking spot next to a landscape island that was surrounded by a curb. As she exited her vehicle, she noticed that someone left a shopping cart partially on the island, and she walked around the island to get the cart. As she was dislodging the cart, she stepped back, and her heel went into a pothole, which caused her to lose her balance and fall backward, resulting in serious injuries. The woman filed a lawsuit against the shopping center alleging negligence and wantonness because they failed to warn invitees of hidden dangers. The trial court found that the risk was open and obvious and granted the defendant’s motion for summary judgment.

February 19, 2020

Maine Personal Injury Lawsuits Based on Gym Injuries

by Peter Thompson & Associates

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.

February 13, 2020

Teenage Drivers and Maine Car Accidents

by Peter Thompson & Associates

The Centers for Disease Control and Prevention (CDC) reports that car accidents are the leading cause of teenage deaths in the United States. Approximately six teenagers between the ages of 15-19 die from injuries related to a car accident every day. Parents of teenage drivers and those that suffer injuries after a collision with a Maine teenage driver should understand their rights and remedies, because these car accidents often result in serious bodily injury and property damage.

For example, recently, three teens died and two suffered injuries in an accident on an icy Maine road. According to one news report, three children died after the car they were traveling in went into an “uncontrolled skid” after entering an icy stretch. After spinning out of control, the vehicle slammed into a large pine tree. When emergency personnel arrived, they found a 15-year-old boy and two sisters aged 14 and 12 lifeless inside the sedan. Two other victims, including the 16-year-old unlicensed driver, were transported to a local hospital. Police reported that the sedan was mangled, and there was an array of car parts and fast-food containers strewn across the road. The police spokesperson indicated that the accident was still under investigation, but inexperience and speed were likely the two main reasons for the accident.

There are many reasons teen drivers are more likely to cause Maine car accidents and suffer serious injuries. The primary reason is inexperience. Teen drivers, especially those that do not possess a driver’s license, do not understand how to operate a vehicle. Their immaturity, in conjunction with a lack of skills and experience, can have deadly consequences. Next, teen drivers are more likely to engage in distracted driving. Teenagers are often more concerned with their cellphones and what is going on in their cars, rather than on the road. Drunk driving is also one of the top five causes of teen driving accidents. Recent studies indicate that 15% of drivers between 16 and 20 years old had a blood alcohol content over the legal limit of .08%. The CDC also reports that teenagers are more likely to speed and swerve in between vehicles. Finally, teenagers have the lowest rates of seatbelt use, which can exacerbate injuries.

February 6, 2020

Report Released Discussing the Most Common Types of Maine Car Accidents

by Peter Thompson & Associates

Recently, the Maine Department of Public Safety, in conjunction with the Bureau of Highway Safety and the Maine Department of Transportation (DOT), released crash data that was compiled over the past ten years. This report may serve as an essential resource when Maine car accident victims try to collect damages from an at-fault motorist. The crash data provides safety officials and motorists with valuable information regarding common causes of Maine car accidents. The report evaluates relevant contributing factors such as time of day, day of the week, type of driver, type of vehicle, and driver behavior.

For ease of use, the report reflects five-year annual averages and only covers the most frequently requested crash information. Generally, the report found that after seeing a dip around 2010, Maine crash rates have steadily increased over the last five years. Over this time, there have been over 8,000 crashes resulting in severe injuries and over 150 fatalities. Most serious injury crashes occurred on Fridays, Thursdays, and Wednesdays. Whereas, the majority of fatal car accidents occurred on Saturdays and Fridays. Interestingly, both types of accidents occurred mainly between 9 pm and 2 am, even though this is generally a low traffic volume time of day.

The report included crash rates by driver age, but did not differentiate between fault. However, drivers between the ages of 16-24, and then 65-69, seem to be involved in the majority of the crashes. They also evaluated the number of drivers with suspended licenses, finding that about, on average, 2.5% of car accidents involved a driver with a suspended license. The report also provided detailed information regarding the number of vehicles, pedestrians, bicyclists, ATVs, and snowmobiles involved in these accidents.