Premise Liability

November 2, 2018

Torts in Sports: Maine Injury Liability for Youth Sports Assaults

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

July 23, 2018

Design Often at Issue in Storefront Crashes, Parking Lot Injuries

by Peter Thompson & Associates

A Massachusetts Appeals Court has affirmed a multi-million dollar wrongful death judgment awarded to the estate of a woman killed after a vehicle ran into a Chicopee convenience store.

We have seen an increasing number of parking lot injuries and storefront crashes throughout New England in recent years. The Storefront Safety Council reports nearly half of these collisions involve a driver over the age of 60 and about half are attributed to operator or pedal error. The group estimate more than 500 people are killed and 3,600 injured in accidents caused by motorists driving into storefronts each year.

This case resulted in a $32 million verdict against a convenience store company after a woman was struck and killed by a speeding sport utility vehicle (SUV) that crashed through a Chicopee storefront, when the 81-year-old driver lost control. The victim’s husband, as executor of her estate, had argued the company was negligent for not installing bollards or taking other safety measures after hundreds of car strikes at its convenience store locations. The company argued it had no duty of care; that the event was completely random and unforeseeable; and that wrongful death was caused by the negligent actions of the at-fault driver.

February 9, 2018

Liability in Maine Sledding and Skiing Accidents

by Peter Thompson & Associates

The Bangor Daily News reported one teen was killed and another seriously injured in a January sledding accident at a Maine ski resort.

Media reports indicate two teens were riding a sled down a ski trail at about 2 a.m. when they hit a tree, badly injuring one rider and killing the other teen. Both teens reportedly attended Portsmouth High School. An Oxford County sheriff’s deputy said the teens were riding a rubber tube on an expert level course. A resort spokesperson said the resort was closed at the time of the accident and does not allow sledding.

The National Ski Areas Association (NSAA) reports sledding fatalities are rare. However, serious and fatal Maine ski accidents are not. The agency reported 33 catastrophic injuries at U.S. ski areas last year. With more than a dozen major ski resorts, Maine remains among the nation’s most active skiing destinations, according to the Ski Maine Association.

April 26, 2017

Maine Supreme Judicial Court Rules on Campus Injury Lawsuit

by Peter Thompson & Associates

The Maine Supreme Judicial Court affirmed a summary judgment in favor of a university and against a student who suffered an injury in a slip-and-fall accident on campus.

According to court records, the issue in this case was not the merits of the plaintiff’s case but instead whether she filed within the statutory 180-day filing period according to 14 M.R.S. § 8107, which details the notice that is required when a plaintiff plans to file a lawsuit against a governmental entity. Many colleges are considered governmental entities, and therefore, plaintiffs making injury claims against them must follow such provisions.

Per the facts viewed in the light most favorable to the plaintiff (as the one against whom the summary judgment was entered), the plaintiff suffered an injury when she slipped and fell on a patch of ice outside her dorm on the Gorham campus of the University of Southern Maine. This injury occurred in mid-January 2014. As a result of that fall, the plaintiff suffered a broken leg and torn ligaments and had to undergo surgery.

January 2, 2017

Homeowner Sued for Maine Woman’s Death in Fatal Fall

by Peter Thompson & Associates

Usually, when we think of property owner liability, we’re thinking of a business that is responsible after a customer slips and falls or is attacked in a parking lot. But premises liability can extend to private homeowners too. It does depend on the situation, and private homeowners usually don’t owe the same high level of care to their guests that businesses do when they welcome members of the public. Nonetheless, a failure to use reasonable care can result in liability. Claims are typically paid by one’s homeowners’ insurance.

Recently, the father of a single mother filed a wrongful death lawsuit against a private homeowner responsible for a house in Waterville where his daughter suffered a fatal fall from the second story.

According to The Portland Press Herald, the 33-year-old woman, from Clinton, was killed a year ago after she fell after stepping out a set of sliding glass doors on the second floor. The problem was that while the doors were supposed to open up to a balcony, that feature hadn’t yet been built. Nonetheless, the homeowner, who was hosting a holiday party, failed to block off those doors or take measures to stop people from opening the door or from walking outside.

December 10, 2015

Angelo v. Campus Crest at Orono LLC – Police Officer Sues for Dangerous Condition on Property

by Peter Thompson & Associates

A police officer wading into a rowdy college crowd in Orono to arrest unruly guests fell and broke his ankle. As this incident occurred while he was working, he’s almost certainly entitled to workers’ compensation benefits. However, that only covers part of his expenses, and he has since filed a premises liability lawsuit against the apartment complex where he fell.

In Angelo v. Campus Crest at Orono LLC, the Old Town police officer alleges the management company that operates The Grove apartment complex – the largest off campus living quarters near The University of Maine – was negligent in failing to maintain the property in safe condition. The party to which he responded from outside his jurisdiction was huge, with an estimated 400 people – mostly students – in attendance. Many were drinking alcohol, despite being underage.

Apartment complex managers may not be responsible for every gathering at their location, but the issue here was the fact this was a regular occurrence on this site. The complex opened in 2012, and there was a similar large party that took place there at that time. There was another large party there the following year, just after school started. In this instance, students again amassed on the site the first weekend after classes started. 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

April 15, 2015

Sayed v. Wal-Mart: Man Sues Store After Being Hit With Cart

by Peter Thompson & Associates

Anytime a patron of a store lawfully enters that commercial property, he or she has a right to expect the business – and its agents – will act with reasonable care to ensure the site will be kept in reasonably safe condition. That includes making sure shelves are safely stacked, aisles are clear of debris and substances, lighting is adequate, and entrances stairways, walkways and parking lots are in good condition.

It also means employees must act with reasonable care when carrying out their jobs.

When this does not happen, it’s a form of premises liability. That’s what is alleged in the recent Portland case of Sayed v. Wal-Mart, in which a man says he was strapping his infant son into the front of a shopping cart when an employee of the store negligently rammed a line of shopping carts into his back.

March 20, 2015

Bangor Health Safety Officials Say 6,000 Apartments Need Routine Inspection

by Peter Thompson & Associates

City health and safety regulators in Bangor are only authorized to initiate an inspection of private property when there is a complaint from either residents or landlords.

That could soon change, as a proposal before city council would launch a new program providing for routine inspections of some 6,000 local apartment units. Officials would be scanning the property for dangerous conditions amounting to health and safety code violations.

The goal, according to Bangor’s community and economic development director, would be the assurance that renters are granted the healthy, safe living quarters to which they are entitled.

October 10, 2014

Dangerous Property Poses Hazards for Maine Tenants

by Peter Thompson & Associates

Tenants in a downtown apartment complex in Brunswick were evacuated from their homes recently when fire department officials deemed the rampant code violations a threat to their safety. According to the Bangor Daily News report, those conditions included:

Blocked emergency exits;
Non-functioning smoke-detectors;