Articles Tagged with Maine injury attorney

Learning good sportsmanship is one of the primary purposes of youth sports. Yet all over the country – and right here in Maine – serious injuries are reported when parents, players, coaches and fans engage in violence both on and off the field.

Our Portland injury lawyers just recently read about a girls soccer field punch during a playoff game at Lisbon High School, a half hour outside Portland. A video clip (viewed more than 73,000 times on social media before it was removed) shows one player swinging at an opposing player after a scored goal. Later in the game, the clip shows that same player attack again, punching the same girl in the face. The victim fell as she tried to dodge the punch and apparently wasn’t seriously hurt, according to the Portland Press Herald. The video is being reviewed by school officials and no criminal charges have been filed. Less than a week later, the Press Herald reported yet another violent attack at a youth sports game, this time at Scarborough High School, where a 20-year-old resident allegedly stabbed a 15-year-old student in the parking lot during a soccer game half-time.

As Maine injury lawyers know, there may be few remedies available for youth sports players who suffer certain injuries in the course of the game. Depending on the nature of the sport, those injuries may be considered the inherent risk one assumes in playing. (Not always, though, so it’s best to at least discuss your rights with an attorney.) However, when an assault or battery occurs at a sporting event, either among fans or between players or even parents, coaches or referees, parties may be found liable under either negligence or intentional tort law. Continue reading

Most businesses carry general liability insurance, particularly if they invite customers on site to do business. That’s because under Maine statutes, a person who is invited onto the property for the financial benefit of the property owner is owed the highest duty of care and has the right to expect they will be reasonably safe. General liability insurance typically covers businesses from liability lawsuits stemming from claims like slip-and-fall injuries, falling merchandise, or some other dangerous condition. 

However, those establishments that sell alcohol and invite patrons to drink on site should consider additional coverage because there are claims unique to these entities. For example, some bars and restaurants face the possibility of dram shop liability, in which those injured by a drunk driver can sue the bar where workers served that driver alcohol. Another possibility is that of third-party liability for criminal assault. Of course, there is a potential for this kind of action in many different business settings, but especially so at a bar where patrons’ inhibitions may be lowered, making some more aggressive and others more vulnerable.

In a recent Maine Supreme Judicial Court case, the question is whether an insurance company should have to indemnify the business for injuries sustained by a man who was beaten by a fellow patron at the bar. The claim by the bar against the insurer doesn’t have a direct bearing on the injury lawsuit filed by the patron, except that by making the bar directly liable rather than the insurer, there is a risk the bar won’t be able to pay out the full damages, depending on how much those damages are and the health of the business.

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The Bangor Daily News recently reported the arrest of a 22-year-old man on a charge of elevated aggravated assault after he allegedly intentionally struck a Bath Iron Works employee who was walking to his job.

It was a Wednesday morning, and the victim would later say the driver made some offensive comment to him just before he barreled into him with his vehicle. The force of impact caused victim to be propelled over the hood and windshield of the car before rolling over the roof and falling hard off the rear. The driver then reportedly fled the scene. Victim, despite serious injuries, managed to walk the rest of the way to work, where the incident was reported and he was rushed to a nearby hospital.

Authorities searched for the vehicle based on victim’s description, and later found the car in a wooded area owned by suspect’s family. Suspect was inside the resident and later arrested. At the time of the incident, he was out on bail for a previous DUI arrest. Continue reading

The family of a 16-year-old boy killed in a Maine ATV accident last summer has filed a civil lawsuit against the family of another 16-year-old who was driving the car with which he collided.

According to the crash report, the decedent was operating the ATV (all-terrain vehicle) behind the vehicle driven by h is 16-year-old friend. They were traveling the same direction when the ATV operator attempted to overtake the car. As he crossed back into the northbound lane, the ATV and car collided, causing the ATV to overturn and the rider to be ejected.

Decedent was not wearing a helmet and died of his injuries.

Following the death of a teen girl on a hayride last fall, Maine lawmakers are searching for way to tighten amusement park regulations and restrictions, to ensure similar tragedies never happen again.

Recently, the Legislature’s Criminal Justice and Public Safety Committee weighed testimony from one lawmaker sponsoring a bill named after the teen that would enhance protections for those who pay money to go on amusement park rides in this state.

The measure, “Cassidy’s Law,” is formally titled LD 1057, An Act to Increase the Safety of Amusement Park Rides. It bears the name of the high school junior who was killed in Mechanic Falls when a 197os-model Jeep hauling a trailer with 20 people on it careened off the trail and into a cluster of trees at a “haunted” hayride offering at a local farm festival.

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.

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.

When three young children and their parents were exposed to toxic lead in their rented Maine home, they sought compensation through the courts.

After being denied a jury trial on some of the negligence complaints raised, the family lost the remaining claims at trial.

But now, the Maine Supreme Court has found clear errors in the way the trial court handed the case, ruling that the burden of proof was unfairly shifted to the plaintiffs. The victims will now have the opportunity to seek a new trial in the case of Bratton v. McDonough.

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