Articles Tagged with injury attorney

Recently, U.S. Sen. Susan Collins (R-ME) posted on her Facebook page that she had suffered a fractured ankle that required surgery after she suffered a slip-and-fall accident at her home. Although she didn’t realize any details about exactly how the fall occurred, she indicated the ankle was broken in two places, but the surgery was successful. icicles

Slip-and-fall accidents like the one Collins suffered are an increasing occurrence in Maine during the winter months, when accumulations of ice and snow make walkways and entrances especially hazardous.

Of course, brutally cold, icy, and snowy conditions are just a part of life here in Maine, which makes almost any way of traveling potentially dangerous. The state has gone so far in the past as to issue travel bans during blizzards, but those apply to motor vehicle traffic. Still, property owners owe a common law duty of care to keep their sites reasonably free from potentially slippery conditions for workers, customers, and other types of guests.

At a time when Maine distracted driving accidents are of growing concern, the state’s high court has lowered the proof burden for law enforcement officials in distracted driving crashes. The ruling, which applies to civil and administrative matters for distracted driving accident liability, holds it isn’t necessary to prove the driver’s specific diversion. Instead, the presentation of circumstantial evidence may be sufficient. driving

The Maine Supreme Judicial Court weighed the case, stemming from a 2015 multiple-vehicle collision that resulted in the death of one of the vehicle occupants.

According to court records, it had been a clear day, the road was dry, and there was nothing that obstructed the defendant driver’s view on Route One in Woolwich. The driver of a truck was traveling northbound – in the same direction as a car up ahead, when the driver of the car activated his turn signal and slowed down to turn left. The car driver wasn’t able to turn immediately because of heavy southbound traffic, so he came to a full stop and waited for his chance. The car driver then looked up into his rearview mirror to see the truck driver approaching without slowing down. He then saw him swerve at the last second.

In the criminal justice system, only those with actual involvement in the crime will be held to account. But in the civil justice system, victims of violent criminal attacks may seek compensation from third parties in some circumstances – even if the third party had no part in the facilitation of the crime. A Maine negligent security lawyer can help bring this type of claim.grocery store

Primarily, this occurs in situations in which a property owner or venue had a duty of care to protect customers or occupants, but it failed to do so. Even though a property owner isn’t necessarily aware that a particular crime is about to be carried out, some offenses may be foreseeable, based on:

  • A pattern of prior similar occurrences on or near that property;

A segway is known widely as being the primary mode of transportation for the goofy “Mall Cop” character Paul Blart. Segways, those two-wheeled, one-person motorized transportation devices, are typically seen as innocuous and easy-to-use, if a bit silly-looking. However, as recently reported by The Washington Post, summer Segway tours are increasingly popular throughout the country, including in Maine. But they pose dangers that might not be immediately obvious. As the Post reports, many tourists have suffered injuries as a result of Segway falls.segway sign

The Post detailed a case recently in which a reporter looked on as a group of four tourists tried out some final practice moves before heading out for a tour in Washington, D.C. However, one in the group crashed. The New Zealand tourist hit a small bump in the pavement, struck a wall with the handlebars, and then fell over onto the concrete. She immediately grabbed her knee in pain. She was helped into the building and later taken by ambulance to a local hospital. The reporter later learned she had suffered a broken leg and would need surgery upon her arrival back to New Zealand, which was going to occur much sooner thanks to the trip being cut short. In an email, her husband called it “a silly accident.”

However, as our attorneys know, these incidents may actually be a bit more complicated than that, both from a causation and liability standpoint. In fact, these devices may be more complicated to operate than they might appear at first blush. Currently, there are cases pending – some of them multi-million dollar claims – that involve injuries from falls off Segways.

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There are many challenges drivers face as they age. Vision deteriorates and reflexes dull. That’s why many states – including Maine – have provisions in place requiring senior drivers to undergo additional testing and in-person renewals.older people

The Maine Bureau of Motor Vehicles is one of the more stringent. Drivers are first required to undergo a vision test at age 40 in order to renew their license. Drivers older than 65 have to renew their state-issued licenses every four years, as opposed to every six years, as younger drivers do. Drivers 62 and older are required to undergo a vision test every second renewal. The bureau also accepts requests from anyone with personal knowledge of a driver who may pose a safety concern to others. Road tests may be required if the bureau has reason to believe the driver may be unfit. Bureau personnel have the authority to restrict the driver’s licenses of elder drivers to prevent them from driving when it’s dark or only allow driving within a certain area.

As the population ages (the U.S. Census opines the percentage of the over-65 population will more than double by 2050), states are not rushing to impose additional regulations. In fact, some state legislatures have actually been actively rejecting these measures, according to a recent report published by the Portland Press-Herald. In fact, while 60 million older adults are expected to be on the nation’s roadways by 2030, some legislators are taking the position that licenses should not be restricted solely on the basis of age.

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