Articles Tagged with Injury lawyer

Auto insurance policies generally cover sudden or unexpected injuries that involve an automobile. This doesn’t always necessarily mean that the only incidents that would be covered would be those involving a vehicle-on-vehicle collision while at least one of the cars is in motion. However, neither can it mean, according to a recent Maine Supreme Judicial Court opinion, a Maine dog bite that did not specifically arise from the use of the automobile.dog

A similar case arose in 1987, with the same court deciding in Union Mut. Fire Ins. Co. v. Commercial Union Ins. that a gunshot wound incurred when a weapon in the back of a vehicle was accidentally discharged was not covered under the auto insurance policy.

In the more recent case, the dog in question was co-owned by two unmarried individuals. While the female co-owner of the dog had an auto insurance policy that covered her and her vehicle, the male co-owner was operating one of his employer’s cars to meet the plaintiff, who had purchased an old pickup truck from the dog owner’s son. The dog owner brought his dog with him in the car. While transferring the pickup truck, someone (it is disputed who exactly it was, but the issue isn’t material) opened the door to the vehicle with the dog in it. The dog, without leaving the vehicle, bit the plaintiff in the face.

A Maine girl must now use a wheelchair for the rest of her life after pediatricians wrongfully diagnosed her with severe constipation, rather than the acute leukemia from which she was actually suffering. That was the claim made by the plaintiff in a Maine medical malpractice lawsuit against the practitioners and a walk-in clinic. That claim was recently settled with a $1.9 million settlement, which will be placed into a trust for the girl. Her parents told The Bangor Daily News they hope the settlement will help improve the quality of life for the girl, who will likely never walk again.doctor

According to reports, the girl’s parents brought the six-year-old into a walk-in clinic on one February day in 2014. They knew she was very sick. Two doctors diagnosed her with severe constipation and assured her parents this issue would pass. However, her parents grew increasingly worried because their daughter’s fever did not subside, her stomach grew hard and distended, and her eyes were glazed over.

Concerned, her parents took her to Maine Medical Center in Portland. Four days after seeing the first pediatrician in the walk-in clinic, she was diagnosed with an aggressive form of childhood cancer. Her parents say from the moment she began treatment at the larger facility, their daughter’s health began to improve drastically. However, the delay in her treatment initially resulted in leukemia cells blocking blood flow from the girl’s lower spine to her legs, rendering her paraplegic.

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.

Continue reading

Very often, when we hear of vehicles “crossing the center line” in traffic, the cause is distracted driving. This action is especially dangerous because it’s the catalyst for head-on collisions. These collisions have some of the worst outcomes because the force of the impact is doubled due to the traveling speed of both vehicles. That’s why head-on collisions account for 10 percent of all auto accident deaths, even though they account for just two percent of crashes. It’s believed the percentage of head-on collisions may even be increasing due to the rising impact of distraction. distracted driving

Two fatal car accidents in Maine recently were head-on collisions. Although investigations are ongoing and authorities haven’t yet cited causation, it would not be a stretch to imagine distraction may have played a role, particularly given a new study by Zendrive that found drivers use their phones in 88 out of 100 trips.

Continue reading

A decision by the Maine Supreme Judicial Court held that a plaintiff should not be allowed to recover personal injury damages for the wrongful birth of a healthy baby. The child was reportedly conceived after the plaintiff had been implanted with a form of birth control that was inserted into the plaintiff’s arm. mother

The plaintiff gave birth to a boy, who was healthy, in the summer of 2014 when she was 21 years old. However, as she explained to the court, she had visited a health care center to weigh her options for birth control.

According to court records, the plaintiff’s doctor recommended the use of an implantable device manufactured by the defendant. It consisted of a single, four-centimeter-long rod that was to be inserted underneath the skin of the patient’s upper arm with an applicator that looked like a syringe. The drug was designed to prevent pregnancy for at least three years, unless the rod was removed sooner by a doctor. It works by blocking the ovulation process.

Continue reading

In most areas of law, the legal system does not allow one person to be held responsible for a third-party action of another. beerinapub

But there are several exceptions, and a few of those relate to a situation unfolding in Rockland, little more than an hour north of Bangor. According to The Bangor Daily News, a pub owner has just had his renewal for an entertainment license rejected. In its decision, council cited repeated noise violations, numerous liquor violations of alcohol being sold to minors and pages and pages of police reports originating from that location.

Neighbors who own property near the pub have made numerous complaints. They say disturbances occur nightly, and they are constantly cleaning up cigarette butts and urine stains from the sides of buildings.

When it comes to inclement winter weather, Maine is no stranger. But when accidents result, it’s not typically the weather that is blamed. Rather, it’s the driver reaction to the weather. Most typically, operators of motor vehicles are failing to adjust their speed to the current conditions. snowvan

It’s for this reason state police have  erected flashing highway signs urging drivers to slow down to 45-mph, rather than go the normal 60- or 70-mph that is posted. But here’s the problem, according to a new report by WMTW: Those 45-mph speed limits aren’t legally enforceable. The notice is only a guideline, giving motorists a better sense of what is the safer speed given the conditions. But the black-and-white posted speed signs are the only sign that is enforceable by law.

Last year, authorities in Maine responded to an estimated 700 snow-related accidents. That figure doesn’t include incidents that did not result in injury or cause more than $1,000 in damage.