Maine Injury Lawyer Blog

June 26, 2020

Court Address Scope of Automobile Insurance Policy in Recent Personal Injury Claim

The Maine Supreme Judicial Court recently issued an opinion in a plaintiff’s appeal from a summary judgment motion entered in favor of an insurance company. According to the court’s opinion, a man owned a truck that was insured by the defendant and he used it to transport an intoxicated and delusional friend. While transporting him, the man’s friend jumped out of the moving truck, broke into the plaintiff’s home, and damaged their windows and property. The plaintiffs suffered injuries while attempting to restrain the intoxicated man.

The insurance policy on the man’s truck provided coverage for “the ownership, maintenance, or use of” his vehicle. The contract allows coverage for bodily injury to others and property damage resulting from an accident involving the insured vehicle. In 2014, the plaintiffs served the truck owner with a negligence complaint. The basis of the negligence complaint was that the truck owner assisted his friend in becoming intoxicated, took him for a drive instead of calling authorities, and followed his friend’s direction, driving him directly to the plaintiffs’ home.

The owner did not respond to the complaint, and the court entered a default judgment against him. In 2015, his insurance company received the complaint and hired counsel to defend the claim. During a damages hearing, the court found that the owner and his friend were jointly and severally liable. The plaintiffs then sought to apply the truck owner’s insurance policy to their award. The insurance company successfully moved for summary judgment. On appeal, the plaintiffs argued that the court inappropriately concluded that the damages were not caused by an accident that involved the car owner’s vehicle.

June 19, 2020

Maine Wrongful Death Lawsuits Following Fatal Car Accidents

by Peter Thompson & Associates

Losing a loved one in any type of accident is a tragedy that words cannot adequately describe. While nothing can bring back a loved one who was senselessly lost as the result of a preventable accident, family members may be able to ease the financial burden associated with such a loss through a Maine wrongful death lawsuit.

A wrongful death claim is very similar to a traditional personal injury case in that the plaintiff, the deceased accident victim’s loved ones, must prove that the defendant was legally responsible for their loved one’s death. To prove a Maine wrongful death case, a plaintiff must show that the defendant owed their loved one a duty of care and that the defendant’s actions violated that duty. Additionally, a plaintiff must show that the defendant’s violation of this duty was the legal and proximate cause of death. Wrongful death cases in Maine must be filed within two years of the accident victim’s death.

If a plaintiff is successful in a wrongful death claim, they can recover economic and non-economic damages. Economic damages include the out-of-pocket expenses associated with the plaintiff’s loss, including medical expenses and lost wages. Non-economic damages include “loss of comfort, society, and companionship of the deceased, including any damages for emotional distress.” Notably, non-economic damages are generally limited to $750,000. In some cases, punitive damages can be awarded. Punitive damages are intended to punish the exceptionally egregious behavior of the defendant and are capped at $250,000.

June 11, 2020

Do Cars Equipped with an Autopilot Feature Put Maine Drivers at Risk?

by Peter Thompson & Associates

Recent video footage shows a troubling crash in which a Tesla car crashes into the top of an overturned truck laying on its side, according to one news article. The vehicle also failed to brake for the truck driver who was standing in the lane redirecting traffic. Thankfully, the truck driver jumped out of the way before he was struck. The driver of the Tesla stated that the car was in autopilot mode when the crash occurred. The driver did not manually brake until it was too late to avoid the collision. Those who are injured in a Maine car accident may be entitled to monetary compensation for the injuries they sustained in an accident.

Assuming that the autopilot was on, as it appeared, the footage raises questions of why the autopilot feature did not recognize a large obstacle in the road and why the car’s emergency braking system did not perceive the pedestrian. Even if autopilot was not on, the vehicle’s emergency braking and collision warning systems would not usually be off, unless it is manually disabled.

Although Tesla’s autopilot requires drivers to pay attention to the road at all times, it does not track their gaze, as some cars do. It is possible that the car failed to perceive the overturned truck because it was not used to seeing an overturned truck. But that does not explain why the vehicle failed to brake for the pedestrian. Tesla declined to comment on the article.

June 5, 2020

CDC Reports New Coronavirus Outbreak in Maine Nursing Home

by Peter Thompson & Associates

According to a recent news report, the Maine Centers for Disease Control (CDC) reported a spike of 71 cases of COVID-19 in the state. Approximately 57 of these new cases stem from an outbreak at a long-term care home in Cape Elizabeth. The facility primarily provides care and treatment to individuals who have Alzheimer’s and dementia. The director of the Maine CDC reported that the agency is working with the long-term care facility to address staffing concerns, infection control, and the cause of the outbreak. Moreover, the CDC provided the facility with additional personal protective gear and sanitizing materials.

The facility’s representative stated that they have complied with CDC guidance for over two months. The guidance includes control measures, visitor restrictions, and patient screening and healthcare worker screenings. They facility states that the first staff member to test positive passed a health screen just before her last shift. They are unsure whether the healthcare worker contracted the virus at the facility or introduced it into the center. One of the facility managers reported that on a Tuesday, no one at the facility exhibited symptoms, but by Thursday, half of the residents tested positive and were symptomatic. The majority of the positive staff were asymptomatic. Family members, many of whom are wishing to remain anonymous, are expressing concerns for their family members because they cannot accurately gauge how their family members are doing because of visitor restrictions.

According to the Department of Health and Human Services, the facility does not have a history of violations. However, it is clear that long-term care facilities and other Maine nursing homes should be engaging in additional measures to protect their residents, staff, and visitors. Even a slight deviation from the CDC’s guidelines can have a disastrous impact on residents’ lives and safety.

May 27, 2020

Maine Dram Shop Laws in Alcohol-Related Car Accidents

by Peter Thompson & Associates

Like many states, Maine maintains a “dram shop” law that allows injury victims to recover compensation from a host or alcohol vendor who provides alcohol to an intoxicated person who ends up causing an accident. Maine’s “Liquor Liability Act,” provides that vendors who are licensed to sell or serve alcohol may be liable for recklessly or negligently providing alcohol to someone who is intoxicated or under 21 years old.

Negligent alcohol service occurs when the server should have known that the patron was intoxicated or under the legal drinking age. Recklessness occurs if the server served alcohol and knew the person was under 21 years old or drunk, and they disregarded a substantial and apparent risk of harm to the individual or another person. In these cases, the vendor may be liable for the intoxicated person’s negligent or reckless conduct towards another individual. Typical vendors in these cases are restaurants, bars, and pubs.

For example, a news report recently described an incident where a 19-year-old driver lost control of his vehicle, hitting a curb and flipping his Subaru onto its side. The driver did not suffer injuries, but two of his passengers were taken to a hospital for treatment. The teenager was speeding, under the influence of alcohol and failed to obey road signs when the accident occurred. In a case like this, a social host or vendor who served the underage driver may be liable for the passengers’ injuries and damages.

May 19, 2020

Personal Injury Lawsuits Stemming from Maine Dog Bite Accidents

by Peter Thompson & Associates

Laws governing dog bite cases vary significantly from state to state, and there are many differences regarding attributing liability, filing notices, and applicable damages. Although many states follow the “one-bite rule,” Maine rejected the statute in 2001. Instead, Maine Statute section 3961, provides that an injury victim may hold a dog owner or keeper liable if the dog caused injuries to a person, damaged another’s property, or both, and the injury was not the fault of the victim. Depending on the circumstances of the dog bite, Maine will either apply the strict liability standard or negligence standard.

Under a strict liability theory, an owner or keeper of a dog who injures a person away from the owner’s property may be liable for damages. Thus, through strict liability, a person who suffers injuries from a dog bite may hold the owner or keeper responsible, even if the dog has never done anything similar before. In Maine, a dog’s “keeper” or “owner” is the person in control of a dog or another animal. A person becomes the keeper of a stray animal if the person feeds it for at least ten consecutive days.

In most cases, Maine applies the strict liability standard for dog bite cases. Therefore, the law does not allow for a reduction of damages because of the victim’s contributory negligence. Under this theory, a person who suffers injuries from a dog bite may hold the owner or keeper liable, even if the dog has never done anything similar before. In these cases, the law does not consider the victim’s contributory negligence in any damage calculations. In cases, where a dog causes injuries on the owner’s property, the dog bite victim must be able to establish that the owner failed to exhibit reasonable care in controlling the dog or preventing the victim’s injury.

May 13, 2020

Defective Product Lawsuits in Maine

by Peter Thompson & Associates

Each year, thousands of individuals in the United States suffer injuries from defective and dangerous products. Maine product liability laws provide these users and their families a way to recover for the injuries they suffered because of the defective product. Product liability lawsuits typically stem from:

Manufacturing Defects
Design Defects

May 6, 2020

Chipotle May Have Served Tainted Food in Maine Restaurants

by Peter Thompson & Associates

Food poisoning can lead to serious and potentially life-threatening illnesses, and Maine individuals must understand their rights and remedies in these cases. For example, recently a national news source reported that Chipolte, a popular Mexican restaurant, has agreed to pay a $25 million fine and comply with a food safety program, after serving tainted food from 2015 to 2018.

The company conceded that they were the cause of at least five food poisoning outbreaks in the United States. These outbreaks occurred after employees failed to engage in safe food handling protocols. The company also acknowledged that several employees felt pressure to stay or return to work while they were sick. One outbreak, in particular, was linked to an employee who vomited at work and was asked to continue working.

The tainted food caused over 1,000 people to suffer from food-borne illnesses. The Justice Department brought federal charges against the company for “adulterating” food, after “shipment in interstate commerce.” To resolve the criminal charges, the company agreed to pay the fine. The United States attorney prosecuting the case stated that the company both failed to safeguard their food from contamination and train their staff in food safety protocols.

April 27, 2020

Maine Court Dismisses Plaintiff’s Wrongful Death Claim Arising Out of Grocery-Store Assault

by Peter Thompson & Associates

Earlier this month, a state appellate court issued a written opinion in a Maine wrongful death case discussing whether a business owner can be held liable for the intentional, violent acts of a third party, and if so, under what circumstances. Ultimately, the court concluded that the plaintiff’s case was properly dismissed by the lower court because the plaintiff failed to show that the assault was foreseeable.

The Facts of the Case

According to the court’s opinion, a woman was shopping at the defendant supermarket when another female customer approached the woman and attacked her with a knife. The woman died as a result of the attack, and her husband subsequently filed a Maine wrongful death claim against the supermarket, claiming that it was negligent in protecting his wife from the assault.

Evidently, the woman who stabbed the plaintiff’s wife was known in the community, as well as by store management. In fact, there had been several reports that the woman was acting menacingly in front of the store; however, there had been no reports that she ever threatened a customer. And no store employee ever saw her with a weapon. However, customers would occasionally complain that the woman’s physical presence alone was intimidating (apparently, she wore very baggy clothes and had a shaved head). At one point, the woman was banned from the store.

April 20, 2020

Important Laws Pertaining to Maine Personal Injury Cases

by Peter Thompson & Associates

Individuals who suffer injuries because of another person or entities’ negligence may be able to recover for their damages from the negligent party. Under Maine’s personal injury laws, victims who wish to recover damages must be sure to adhere to the state’s strict procedural and evidentiary rules. Injury victims should consult and retain an experienced Maine injury victim to ensure that their rights and remedies are appropriately addressed.

Maine’s “statute of limitations” provides Maine injury victims with a strict amount of time that they have to file a personal injury lawsuit against the culpable party. In Maine, personal injury plaintiffs must file their lawsuits within six years of when the incident giving rise to the claim occurred. Relative to other states, Maine provides victims with a longer time frame to file their lawsuit; however, plaintiffs still risk dismissal if they fail to abide by the time period. Additionally, there are stricter and shorter deadlines when the claim is against a governmental entity such as a city or county. In those cases, plaintiffs must meet additional notice requirements, and they only have two years to file their claims.

Another critical concept that injury victims must understand is Maine’s comparative fault rule. Maine follows the modified comparative fault rule to resolve cases where the plaintiff is partially responsible for causing their own injuries and damages. Under the law, an injury victim’s damages will be reduced relative to their percentage of fault, as long as they are less than 50% responsible. If the injury victim is more than 50% responsible, courts will bar their claim, and they cannot collect any damages from the other party. The law requires Maine courts to apply the rule whenever the two parties share fault; however, the rule is also relevant during insurance settlement negotiations.