Catastrophic Injuries

July 25, 2023

Dog Attacks: Understanding Liability and What to Do If You’re Bitten

Dog attacks can be terrifying and life-altering experiences, affecting victims physically, emotionally, and financially. According to data from the Centers for Disease Control and Prevention (CDC), an estimated 4.5 million Americans experience dog bites annually. Shockingly, a staggering 20% of these incidents demand immediate medical intervention due to the severity of the injuries.

According to a recent article, a six-year-old child was viciously attacked by a dog in Chesterville, Maine. The child was playing outdoors when an unrestrained dog lunged at them, causing severe injuries, particularly to the face and upper body. Fortunately, quick thinking by a nearby adult prevented the situation from escalating further. The child was promptly rushed to a nearby hospital, where they underwent emergency surgery.

Liability in Dog Attacks:

In Maine, dog owners can be held liable for injuries caused by their pets under certain circumstances. Maine operates under a “strict liability” statute when it comes to dog attacks. This means that dog owners are held responsible for injuries inflicted by their dogs, even if the dog has never displayed aggressive behavior before, and the owner had no prior knowledge of their dog’s potential to bite.

July 12, 2023

Tragic ATV Accident Leaves One Dead

by Peter Thompson & Associates

ATV (All-Terrain Vehicle) accidents can lead to severe injuries and tragic consequences. As a personal injury law firm based in Maine, we understand the devastating impact these accidents can have on individuals and their families.

According to a recent news article, a 16-year-old individual from Oakland, Maine tragically lost their life in an ATV accident on Manchester Road. The accident occurred when the ATV veered off the road and struck a tree. Emergency responders were called to the scene, but unfortunately, the teenager succumbed to their injuries.

The Prevalence of ATV Accidents in Maine:

ATVs are popular recreational vehicles in Maine, providing an exciting way to explore the state’s beautiful landscapes. However, with increased usage comes an inherent risk of accidents. According to the Maine Department of Inland Fisheries and Wildlife, ATV accidents have been a recurring issue in recent years, resulting in injuries and fatalities.

May 31, 2023

Maine Head-On Collision Leaves Two Dead

by Peter Thompson & Associates

Head-on collisions are among the most devastating types of car accidents, often resulting in severe injuries and fatalities. For residents of Maine, where highways like I-295 and the Maine Turnpike are frequently traveled, understanding the causes and consequences of head-on collisions is crucial.

According to a recent article, a tragic head-on collision occurred on I-295 near Falmouth Exit 9 on the northbound highway over Memorial Day weekend that left two dead and one injured. The incident serves as a stark reminder of the potential dangers posed by head-on collisions, as two vehicles collided with great force. Such incidents highlight the urgent need for increased awareness, safety measures, and legal protection for victims involved in head-on collisions.

Causes of Head-On Collisions

August 16, 2018

Maine UTV Accident Illustrates Risks of All-Terrain Vehicle Injuries

by Peter Thompson & Associates

The recent injury of a Sanford girl in a UTV accident highlights the risk of these and other all-terrain vehicles (ATVs) as we head into autumn.About 500 people a year are killed in ATV accidents, according to federal statistics, and more than 100,000 are injured seriously enough to seek treatment in hospital emergency rooms. About 25 percent of victims are under 16 years of age. In all, nearly 15,000 riders have been fatally injured since ATVs became popular in the 1980s.

CBS13 reports hundreds participated in a Sanford fundraiser for the 8-year-old girl, who broke her neck and jaw and suffered numerous skull fractures after falling from her UTV. The local Maine ATV Club sponsored the event.

Autumn is the most dangerous time of year for accidents involving utility and all-terrain vehicles for various reasons. Experience and familiarity bring more aggressive riding, often on newer, larger, and more powerful ATVs. The ground is hard, and vegetation is reaching maximum growth, which reduces visibility and creates hazards of its own.

August 9, 2018

Maine School Injury Case Results in Partial Summary Judgment

by Peter Thompson & Associates

The Maine Supreme Judicial Court recently granted partial summary judgment in a case against a Portland High School after a mother alleged her teenage son fell and struck his head while apparently tussling with an older boy at a school sporting event.The court dismissed the claims against the older boy’s parents. The case against the defendant teen and the school district will proceed separately from this ruling.

The mother claimed the incident occurred at Cheverus High School in Portland, where a number of youths had been attending a sporting event. She filed an injury lawsuit against the school district, as well as the older boy and his parents, bringing counts for negligence and negligent infliction of emotional distress. The defendant parents requested summary judgment for both negligent infliction of emotional distress and causes of action under state negligence laws.

Summary judgment is a legal term that means a plaintiff has failed to bring a case in which there is a genuine issue of material fact for a jury to decide, so the moving party is entitled to judgment as a matter of law. Essentially, this means a plaintiff failed to bring a case sufficient for a jury to decide upon matters of fact, and the defendant otherwise prevails as a matter of law. Summary judgments are frequently filed by law firms defending corporations and large insurance companies. It means an unprepared injury attorney could find his case over shortly after making it to the courtroom.

June 30, 2016

Estate of Summers v. Nisbet – Maine High Court Restores Widow’s Priority in Fire Death Lawsuit

by Peter Thompson & Associates

The Maine Supreme Judicial Court has addressed a blind spot in case law regarding which victims may claim a defendant’s money and assets in a case involving multiple individuals who are equally harmed.

The case of Estate of Summers v. Nisbet stems from the deadliest fire in Maine in over 40 years. The blaze broke out in a two-unit home in 2014 in Portland. Six people were killed.

In the aftermath, it was alleged the landlord was negligent in maintaining the property in safe condition, which played a central role in the fire. Soon after, families began filing wrongful death lawsuits against the landlord, who also faces six criminal counts of manslaughter.

The family of one man, Steven Summers, was the first to file a claim for damages in court. However, his widow, as personal representative of his estate, did so by filing what is known as an ex parte attachment. It is a claim that is not made public until after the defendant – here, the landlord – goes through a process of challenging that attachment. It’s a secretive process intended to block a defendant’s assets without warning, to prevent the defendant from concealing property or money to avoid having to part with it to satisfy the judgment. Continue reading

May 25, 2016

Driver in Fatal Main Truck Accident Had Checkered Safety History

by Peter Thompson & Associates

A Tennessee man is facing charges of manslaughter following a Maine truck accident that resulted in two fatalities in March. Now, the Bangor Daily News has revealed the driver had a safety record that was much worse than the national average.

This matters, particularly for his civil case, because it could be grounds to assert direct liability – and not just vicarious liability – against the trucking company that employed him. It may also be grounds to seek punitive damages, which could greatly increase the damage award for plaintiffs.

The newspaper reported that the 54-year-old trucker was hired by a carrier based in Tennessee. The company’s owner told a reporter he had no idea the driver’s license had been suspended in Louisiana and revoked in Virginia. At that point, he directed questions about the crash to his attorney, though he failed to provide the contact information for that individual. Continue reading

April 30, 2016

Fatal Fall From Portland Hospital Window Was Negligence, Family Says

by Peter Thompson & Associates

The family of a motorcycle accident victim who died after falling six stories from his hospital room window says he was not suicidal. Disoriented? Yes. He was suffering from brain injuries, his daughter said. He wanted to go home.

But the hospital had a duty to make sure he was safe and not a danger to himself.

Determining whether his fatal injuries were the result of general negligence or medical malpractice will be part of what the family’s recently-hired injury lawyer will be exploring. Continue reading

January 5, 2016

Holiday Hayride Accident Injures 7, One Woman Critically

by Peter Thompson & Associates

A man driving a car on a rural road in Waterville was reportedly blinded by bright sun when he rear-ended a horse-drawn hayride recently, injuring seven people – one critically.

According to the Bangor Daily News, the collision happened on Christmas Day when the operators, S&S Carriage Rides, were offering rides to volunteers and guests of the Waterville Elks Lodge.

The force of impact was such that a 56-year-old woman was knocked off the back of the wagon and onto the road, where she was then run over by the car. The seat in which the 42-year-old wagon operator was sitting was broken, though the horses were not hurt. The 73-year-old car driver wasn’t hurt. Seven people in total were taken to the hospital, though the 56-year-old woman had to be flown by helicopter to a health care facility in Portland. Continue reading

May 15, 2015

Amusement Ride Injury Prompts Maine Safety Regulation Bill

by Peter Thompson & Associates

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.