Personal Injury

August 22, 2017

Maine Amusement Park Injury Risks Highlighted in Peak Fair Season

When seven were injured and one killed on a state fair ride in Ohio, officials with the Bangor State Fair initiated additional safety checks on a ride similar to the one that malfunctioned, to ensure there were no future tragedies. In fact, the Freak Out ride in Bangor is manufactured by the same company that made the ride in Ohio. A specialist is slated to check the ride before the fair opens, the operator told The Bangor Daily News, and the Bangor fire marshal’s office inspectors were dispatched to check all mechanical rides.

Fair injuries are not unique to Ohio. Right here in Maine, four children were injured in two separate incidents two years ago at the Waterville State Fair. In one incident, the Dragon Wagon ride resulted in three child injuries. The very next day at the same fair, a rider in a mechanical swing wasn’t properly secured in the ride, and fell out of the chair during the ride. Two people were later charged criminally in those incidents.

Deaths on carnival rides are relatively rare, but the problem, as noted by experts quoted in USA Today, is there are not enough safety regulations and too few inspectors. From now through mid-September is considered peak fair season, with state fairs popular in Maine and many other states. But the inspections may not be adequate to catch all the potential problems. For example, Ohio reportedly has eight inspectors in charge of permitting some 3,700 rides annually. The question then becomes how many hours of inspection does each ride get? One expert opined a thorough ride inspection takes between one and three days because the inspector must examine x-rays of the joints and welds. Continue reading

July 26, 2017

Summer Segway Tours in Maine May Pose Risk of Injuries

by Peter Thompson & Associates

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.

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.

June 16, 2017

Bangor Nursing Home Abuse Investigations Falter

by Peter Thompson & Associates

When nursing home abuse and neglect is suspected in Maine facilities – including those that provide care for vulnerable and disabled adults – it is expected that reports made to the Office of Aging and Disability Services will trigger an independent investigation by the state’s office of Adult Protective Services. However, it appears in a number of cases, that is not happening.

The Bangor Daily News reports that five separate health care providers in a four-county area came forward and shared their referral numbers with the paper. Collectively, there were more than 550 allegations of suspected nursing home abuse, neglect, and exploitation over a four-year span ending in 2015. However, APS had final reports for just 40 of those.

It’s not clear whether the state is simply choosing not to investigate accidents or if the internal standards have changed. What health care providers are telling journalists, however, is that while they continue to file their referrals as suspected cases of abuse arise, they rarely anymore receive reports back from the state about the outcome or even existence of an investigation.

January 9, 2017

Pit Bulls in Maine Dog Attack to Be Euthanized, Victim Mulling Civil Injury Lawsuit

by Peter Thompson & Associates

A judge in Central Maine ordered two pit bull dogs euthanized after an August attack in Augusta resulted in the death of a much smaller dog and serious injuries to the deceased animal’s owner.

The owner of the two pit bulls, who also owns a dog grooming business, had advocated in the Capital Judicial Center to spare the dogs’ lives. During a two-day non-jury trial, the owner had been accused of two civil violations for keeping a dangerous dog. Title 7, Part 9, Chapter 727 of Maine Revised Statutes holds that a person who owns or keeps a dangerous dog commits a civil violation, for which the court must impose a fine of between $250 and $1,000 – none of which can be suspended. If someone is injured as a result of an attack by a dangerous dog, the court can order the identification and confinement of the dogs, as well as restitution paid by the dangerous dog’s owner. If a dog owner or keeper refuses or neglects to comply with a previous court order, and the dog wounds a person or domestic animal, the owner or keeper has to pay the injured person treble damages and costs that are recovered in a civil action.

Chapter 729 of the state’s revised statutes goes over injuries and damages caused by animals, holding in part that when an animal damages a person or property due to the negligence of the dog’s owner or keeper, the owner or keeper is liable in a civil action to the injured person for the amount of the damages caused, as long as the harm wasn’t occasioned by the fault of the injured person. The only time damages would not be owed to a person injured in a dog attack would be if the court finds the injured person’s fault exceeded that of the dog’s keeper or owner.

September 1, 2016

Maine Woman Sues New Hampshire Company for Food Poisoning That Sickened Child

by Peter Thompson & Associates

A woman from York County, Maine is suing a beef manufacturer headquartered in New Hampshire following an outbreak of E. coli that made her 9-year-old son so sick he had to be hospitalized.

According to a report from SeaCoastOnline.com, plaintiff purchased the meat at a store in Kittery, and she prepared it for her son one day in June. Within five days, the boy began to experience a severe reaction that included vomiting, fever and diarrhea. These are typical symptoms of the food poisoning caused by an E. coli infection. The boy was rushed to a local hospital in York before being transferred for more intensive treatment at the Boston Children’s Hospital in Massachusetts.

The boy was one of more than a dozen people sickened by the outbreak tied to this particular farm, with other cases cropping up across Maine, as well as in Massachusetts, Vermont and New Hampshire. It was ultimately the U.S.D.A.’s Food Safety Inspection Service, alongside the Department of Health in New Hampshire, that traced the outbreak not just to this one farm but to a specific slaughter date. This prompted the farm to recall some 8,800 pounds of raw beef products that were deemed potentially contaminated. Continue reading

November 26, 2015

Estate of Gagnon v. Anthony – Comparative Fault in Maine Personal Injury Lawsuit

by Peter Thompson & Associates

The issue of comparative fault in Maine personal injury lawsuits is a significant one because, depending on the degree of it, an injured person’s right to collect damages may be significantly reduced or eliminated entirely.

Maine Revised Statute Titel 14 Part 1 Chapter 7 Section 156 covers “comparative negligence.” The law states that when a person suffers death or damages that are party the result of that person’s own fault, the claim isn’t barred entirely, but the amount of damages recoverable are to be reduced to such an extent the jury believes equitable, accounting for claimant’s share of responsibility. So if a plaintiff wins $100,000 in damages but is deemed to be 25 percent comparatively negligent, he or she will only collect $75,000 from defendant.

If a plaintiff is determined to be equally or more at-fault for his or her injuries, plaintiff cannot recovery any damages. Continue reading

November 19, 2015

Wood v. Wood – Maine Supreme Judicial Court Hears Husband-Wife Injury Lawsuit

by Peter Thompson & Associates

The Maine Supreme Judicial Court has remanded for further consideration a case in which a wife sued her husband for damages caused by his negligent operation of a motorcycle on which she was a passenger.

Although it often seems unthinkable outside of family court that spouses might sue one another, this case shows how most of the time, these claims are not personal. In the vast majority of situations in which relatives or friends are on opposites sides in civil litigation, it’s not the individual from whom they are trying to collect. Rather, it is the insurance company.

Here, plaintiff sought payment of medical bills and other expenses from the motorcycle insurance policy carried by her husband. But here in Maine, it is not possible to sue the insurance company for liability in an accident (except for when the insurer acts in bad faith). Instead, one must file a lawsuit against the insured. Continue reading

October 30, 2015

Hill-Spotswood v. Mayhew et al. – Injured Worker Seeks State Liability for Attack by Patient

by Peter Thompson & Associates

An 18-weeks pregnant woman who worked in a Maine psychiatric center was violently attacked with a pen by a mentally ill patient with a history of violence.

Worker suffered severe pain and disfigurement, was forced to undergo surgery to remove part of the pen from her right hand and now suffers chronic post-traumatic stress disorder.

Typically, injuries like these are covered under the state’s workers’ compensation laws. Workers’ compensation is a form of no-fault benefits provided to injured workers (or families of those killed) when that injury or death occurred in the course and scope of employment. Workers’ compensation benefits come with a provision of exclusive remedy, meaning injured workers don’t have the right to sue their employer, but their medical expenses and a portion of lost wages are available. Compensation for pain and suffering, emotional distress and punitive damages are not paid by workers’ compensation. So what this plaintiff wants to do is make the state – not the private psychiatric center – liable for the injuries she suffered at work. Continue reading

January 31, 2015

Report: Maine Nursing Homes Improve Medication Track Record, Still Lag

by Peter Thompson & Associates

A new report by the Maine Long-Term Care Ombudsman Program indicates the state is the No. 1 most-improved when it comes to slashing the number of potentially fatal antipsychotic medications doled out to elderly in nursing homes.

That’s certainly good news. But there’s more to it.

The state still ranks 26th in the U.S. in terms of the total number of nursing home residents prescribed these dangerous drugs.

January 20, 2014

Bangor Injury Claims: Establishing Causation Per the Daubert Standard

by Peter Thompson & Associates

In Bangor personal injury lawsuits, solid, reliable expert testimony is a critical part of success. It’s the necessary link to proving that you suffered damage directly as a result of the other party’s negligence.

If the defense can establish doubt for the jury by insinuating your injuries were caused in some other way, your case could be in jeopardy.

In order to ensure that the testimony provided by your expert witness is admissible in court, the judge will apply the Daubert standard. This much-used criteria was first established in the case of Daubert v. Merrell Dow Pharmaceuticals in 1993, which allows for the standard of flexible reliability.