Personal Injury

September 1, 2016

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

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.

November 17, 2013

Hit-And-Run Accidents on the Rise in Portland

by Peter Thompson & Associates

Four people, including two young children, were involved in a late-night accident as their vehicle was run off the road by another vehicle. The driver in question left the scene of the accident, according to the Portland Press Herald.Maine State Troopers report that the victims’ vehicle flipped over in the accident along Interstate 295 in Cumberland. Luckily, officers were able to track down the dangerous driver later at her home in Portland. She has been arrested and charged with failing to report an accident and leaving the scene.

Our personal injury attorneys in Portland understand that this accident was caused by the careless passing driver. She was attempting pass cars on the right while heading southbound when she swerved back into her lane and slammed into the victim’s car. Upon impact, the victims’ vehicle went into the median and flipped over onto its side. The driver, a passenger and an 8- and 12-year-old child were taken to Mercy Hospital.

November 11, 2013

Local Man Killed in Portland Railroad Crossing Accident

by Peter Thompson & Associates

Officers recently responded to the scene of a fatal accident involving a Pan Am Railways freight train and a pedestrian. According to Bangor Daily News, the accident happened just before 8:00 p.m. Officers were forced to shut down a section of Forest Avenue — the part that runs from Walton Street to Woodford’s Corner.Officers received a report that a pedestrian was struck by a freight train at that crossing. They haven’t identified the pedestrian.

Our Portland injury lawyers understand that there were close to 2,000 railroad accidents at public and private crossings in the U. . in 2012. Of these accidents, there were close to 300 people killed, according to Operation Lifesaver. In addition, there were another 950 people injured in these accidents. Did you know that there are more than 210,000 railroad crossings, approximately 129,644 intersect with public roads in the United States?sAbout every 90 minutes, there is a train derailment or a train collision. Currently, railroads are self-regulated and fall under the scrutiny of the federal government.

July 1, 2013

Fourth of July Accident Risks in Portland

by Peter Thompson & Associates

SAFE KIDS Maine warns that celebrators (of all ages) are at some serious risks for burn, cut and other serious injuries through the Fourth of July holiday.According to the Consumer Product Safety Commission (CPSC), there are 200 a day (on average) who are sent to the E.R. because of a firework-related accident in the month that surrounds the Fourth of July. That’s about 90 percent of all of the fireworks accidents we saw in 2012. Homemade and illegal fireworks were involved in all 6 firework-related fatalities during the year.

Our Portland personal injury lawyers understand that the hands and fingers are the most commonly injured body parts in these kinds of accidents. But the truth of the matter is that there’s a lot more to risk during this time of the year. Following hands and fingers, heads, faces and ears are the second most common body parts to be injured in firework accidents, following by the trunk. In these accidents, more than half were burns.

Injuries by Fireworks Type:

-Unspecified – 25 percent.

-Firecrackers, 23 percent.

-Bottle Rockets: 12 percent.

-Sparklers – 12 percent.

-Reloadable Shells: 9 percent.

-Novelties: 5 percent.

-Roman Candles: 4 percent.

-Multiple Tubes: 3 percent.

-Fountains: 2 percent.

-Public Displays: 2 percent.

According to the CPSC, those between the ages of 25 and 34 are the most likely to be injured in these kinds of accidents. Men are more likely to be injured than woman.

Males were most injured from firecrackers, roman candles, reloadable shells, sparklers, novelty devices and rockets while women were most injured at public fireworks displays. Men account for about 75 percent of all firework-related injuries while women only account for 25 percent.

Before planning for your Fourth of July celebration, you want to make sure that fireworks are legal in your area. You should also keep them away from children and only use them one at a time. Any kind of altered firework can serve up some serious risks for an accident, so make sure you read the instructions and the warning labels before use.

You’re also asked to be extremely cautious on our roadways over the holiday period. Fourth of July continues to rank more deadly than any other holiday throughout the year. With the increase in travel, your risks for an accident skyrocket.

It is usually the day of cookouts and fireworks, but the fourth of July is also the day that close to 135 people die on the roads each year, according to the Insurance Institute for Highway Safety (IIHS).

That’s why, in addition to firework safety, our personal injury attorneys are stressing that motorists buckle up, drive at safe speeds, pay attention behind the wheel and be sure to plan ahead for a sober ride for the holiday.

We wish you a safe and Happy Fourth of July.

May 6, 2013

Maine Workplace Safety Violations Result in $80K Proposed Penalties

by Peter Thompson & Associates

A sawmill company in southern Maine is facing nearly $80,000 in potential fines from the Occupational Safety & Health Administration, following a host of workplace safety violations noted by inspectors.Our Bangor personal injury lawyers understand the inspection by federal authorities took place back in December. The three repeat violations account for nearly 70 percent of the entire fine amount.

It is truly a wonder that no one was seriously hurt. The potential is certainly still there if the Jefferson-based firm doesn’t clean up its act.

According to OSHA records, the company’s repeat violations include:

Failing to use energy control procedures that would prevent workers from being struck by a logging carriage;
Failing to post warning signs and barriers that would bar entry to the logging carriage path;
Lack of guardrails along elevated walkways.

These same violations were noted at the same firm during an inspection back in 2009. A repeat violation is one in which the firm has been cited by the company for the same offense within the last five years.

OSHA said that these particular offenses left workers vulnerable to a dangerous fall or even being hit by heavy machinery. The employer knew this was a problem because it had been cited before – and still failed to take corrective action.

The firm was additionally cited for four serious violations:

Use of an industrial truck that had a defective emergency brake;
No assurance of machine guarding for prevention of worker contact with the moving parts of the grinder and saw;
Incomplete energy control procedures;
Having an extension cord underground.

Any one of these could have resulted in serious injury or possibly even death of a worker, OSHA reported. The employer either knew of this danger or it should have known. The proposed penalties for these violations are about $25,500.

The firm has two weeks to comply with the standards and pay the fines or to contest the findings.

Maine has more than 100 sawmills throughout the state, and most of them appear to take safety seriously. OSHA notes that sawmill workers are in one of the most dangerous professions. They are dealing with massive, heavy materials that are frequently at risk of rolling, sliding or falling. The equipment is also hazardous, particularly if it is not equipped with the proper safeguards. Common injuries include severed fingers, lacerations and blindness. Additionally chemicals and wood dust may contribute to respiratory diseases.

Workers may also be toiling in conditions where the terrain is uneven, rough or unstable, where there is inclement weather and isolated work sites may make health care facilities less accessible than for other occupations.