Maine Injury Lawyer Blog

December 4, 2017

Failure to Disclose Vehicle Defects to Maine Drivers Will Cost GM $1.1M

As part of a $120 million settlement with General Motors Co. for concealing safety issues related to vehicle defects, Maine is slated to receive $1.1 million in compensation. It stems from a settlement reached between the Michigan-based auto manufacturer and attorneys general from 49 states plus the District of Colombia.

Maine Attorney General Janet Mills released a statement characterizing the deception as creating a dangerous situation for the public. It stemmed from information that came to light following seven vehicle recall from GM affecting more than 9 million vehicles that reportedly had defective ignition switches that had the potential to cause a loss of electrical power to the vehicle, affecting power brakes and power steering. There were also reports that airbags could fail to deploy in the event of a Maine car accident. The recalls in and of themselves weren’t the issue, but rather that some GM insiders were aware of these safety problems for at least a decade before the recalls were issued. Furthermore, the company continued to market the vehicles as reliable and safe. These actions, Mills office indicated, ran afoul of Maine’s Unfair Trade Practices Act. The more than $1 million of that settlement slated for Maine will go into a consumer trust account. There is still a class action lawsuit pending that involves several people who allegedly suffered personal injuries and wrongful death as a result of these dangerous vehicle defects, The Press Herald reports.

Although most car accident lawsuits in Maine involve the negligence of other drivers, injury lawyers cannot overlook the possibility of automobile defects, given the fact that the number of vehicle recalls has reached record rates in recent years. Reuters reported U.S. auto recalls in 2016 affected a record 53.2 million vehicles, in large part due to defective Takata airbag inflaters. Last year topped the previous record, set in 2015, of auto recalls affecting 51.2 million vehicles. Continue reading

November 15, 2017

Maine Fisherman Sues for Workplace Injury Involving Finger Amputations

by Peter Thompson & Associates

A man is suing two salmon farm companies – including his employer – in federal court in Bangor following a Maine workplace injury at a salmon farm that resulted in the amputation of two of his fingers on his dominant hand. WGME.com reports the worker is seeking unspecified compensatory and punitive damages for losing his middle and ringer fingers on his right hand, claiming the two companies were negligent in failing to properly train employees and in failing to provide them with necessary safety equipment.

His attorney alleges the 22-year-old’s life will never again be the same, and he may never again be able to return to working on the water, something he loved. In addition, he’s alleged to be permanently disfigured.

This case is a bit different from most Maine work injury claims in that typically, workers are not able to sue their employers for compensation for such injuries. They can sue third parties for negligence, but the Maine Workers’ Compensation Act is considered the exclusive remedy available to employees who suffer work-related injuries, illnesses, or diseases against employers with workers’ compensation coverage. As long as the employer meets its obligation to provide workers’ compensation benefits, it’s immune from civil liability for injuries to employees. This immunity further extends to all of the company’s employees, supervisors, officers, etc. (meaning you can’t sue your co-worker or your boss).

November 1, 2017

Arguing for Auto Insurance Coverage in Maine After Crash Despite Cancellation

by Peter Thompson & Associates

Motorcyclists in Maine are at higher risk of injuries and death than occupants of other types of motor vehicles. The National Highway Traffic Safety Administration (NHTSA) reports an estimated 88,000 motorcyclists are injured and nearly 5,000 killed each year in the U.S. Per vehicle mile traveled, motorcyclist fatalities occurred nearly 29 times more frequently than passenger car occupant deaths in crashes. This is part of the reason why Maine requires motorcyclists to carry insurance coverage.

The state requires riders to carry a minimum of $50,000 for injury/death to any one person, $100,000 in bodily injury liability for a single Maine motorcycle accident resulting in the death or injury of more than one person, and $25,000 in property damage coverage. State law also mandates uninsured/underinsured motorist coverage.

If an auto insurance policy is cancelled and not reinstated prior to a crash, obtaining coverage can prove difficult, if not impossible. One aspect our Maine injury lawyers would explore in that case is whether the insurer satisfied the statutory notice requirements as set forth in 24-A M.R.S. Section 2914(1).

November 1, 2017

Wife of Man Who Died in Maine Car Accident Suing Nightclub That Served Drunk Driver

by Peter Thompson & Associates

The widow of a man killed when he was struck by a drunk driver in Maine on New Year’s Day is suing both the driver and the nightclub that served her alcohol earlier in the night.

The 30-year-old defendant driver, who was allegedly drunk, had reportedly been consuming alcohol at the Sapphire Nightclub and Event Center in Auburn, ME on New Year’s Eve, 2016. When the defendant driver left the nightclub after 1 a.m., there was snow on the ground, reducing visibility and traction. Her vehicle slammed into the rear of a parked vehicle, out of which the decedent was in the process of exiting. As a result of the impact, the 41-year-old decedent suffered spinal fractures, numerous broken ribs, and a ruptured aortic arch. His injuries proved fatal, though his widow describes him as enduring conscious pain and suffering before he died.

According to the SunJournal.com, the plaintiff alleges the nightclub served the defendant driver numerous alcoholic beverages on the night in question, allowing her to become highly intoxicated and not fit to safely operate a motor vehicle.

October 25, 2017

Bangor Dog Bite Injury Proves Fatal to Infant

by Peter Thompson & Associates

A family is mourning the tragic loss of their infant after a reported attack on the child by the family’s dog. The Bangor Police Department reported emergency responders were called to the family home about an injured infant, who was transported to Eastern Maine Medical Center. Sadly, the child died of those injuries about a week later.

The death is under investigation by police. This devastating incident underscores the fact that of the 4.5 million dog bites reported by the U.S. Centers for Disease Control and Prevention (CDC) each year, it is children who are the most at risk.

While there are almost always a handful of Maine dog bite attacks reported annually, they are not often fatal. Six years ago in Frankfort, a seven-month-old infant was mauled to death by the family’s Rottweiler while at home with her mother and toddler brother. Then, in Corinna last year, a seven-year-old was killed in an attack by a pit bull while playing outside his father’s home.

October 18, 2017

Report: More Fatal Motorcycle Accidents in Maine So Far Than in All of 2016

by Peter Thompson & Associates

The Maine Bureau of Highway Safety reports more people have died so far in Maine motorcycle accidents than in all of last year. In total, 18 people died in fatal motorcycle crashes in 2016, while as of the end of September 2017, 20 people had been killed in such crashes.

The victims ranged in age from 25 to 81, and aside from two who were females, the overwhelming majority of riders affected were male. State statistics show more than half of the riders in fatal crashes weren’t wearing helmets. While Maine does have a motorcycle helmet law, M.R.S. 29-2083, it is not a universal helmet law, meaning only specific categories of riders are required to wear one. Those are operators and riders under 18, as well as those operating a motorcycle with a learner’s permit or within one year of completing the driving test or while riding as a passenger with someone who is required to wear a helmet.

In those situations, when it comes to personal injury litigation, this fact could be used to reduce the damages awarded to motorcycle accident victims. However, it does not in and of itself release negligent drivers from liability. Anyone injured in a motorcycle accident or survivors of those killed in motorcycle crashes – helmet or no helmet – should discuss their legal options with an experienced injury lawyer.

October 4, 2017

Maine Liquor Liability Act May be Applied in Fatal Crash

by Peter Thompson & Associates

A young man in Maine has been indicted on a manslaughter charge following a Maine drunk driving accident that killed one and left another seriously injured. Although civil liability has not been raised at this juncture, our drunk driving accident lawyers know it could well be an issue in the future, given the facts we know so far.

Many actions for which one might be deemed liable in a civil case are also violations of criminal statutes. While some criminal courts will impose orders of restitution on convicted offenders to be paid to the victim(s), this is separate and apart from civil liability, which should be explored in cases involving serious injuries. For one thing, restitution orders often do not take into account more than medical expenses. Civil liability, meanwhile, will weigh such elements as lost wages, pain and suffering, mental anguish, and loss of consortium. That means one stands to obtain far more compensation in a civil case. This is also true, particularly in drunk driving accident cases, since there is the possibility of third-party liability under Maine’s Liquor Liability Act. Under this provision, one can be sued for up to $250,000, plus medical expenses, for reckless or negligent conduct in serving liquor to a person who is intoxicated or a minor if the defendant disregards the obvious and substantial risk that serving liquor to that person might cause to the drinker or others.

In this case, according to CentralMaine.com, three young men were drinking together at a local restaurant. The defendant driver was reportedly “the most sober” of the trio, so he was designated as the driver that night. He reportedly skidded 300 feet before careening off the road into the opposite travel lane and striking a tree and then a telephone pole. All three occupants were ejected from the vehicle. One of the passengers died, and the other suffered severe injuries.

September 15, 2017

Maine Grocery Store Sued for Premises Liability After Violent Attack

by Peter Thompson & Associates

In the criminal justice system, only those with actual involvement in the crime will be held to account. But in the civil justice system, victims of violent criminal attacks may seek compensation from third parties in some circumstances – even if the third party had no part in the facilitation of the crime. A Maine negligent security lawyer can help bring this type of claim.

Primarily, this occurs in situations in which a property owner or venue had a duty of care to protect customers or occupants, but it failed to do so. Even though a property owner isn’t necessarily aware that a particular crime is about to be carried out, some offenses may be foreseeable, based on:

A pattern of prior similar occurrences on or near that property;

September 8, 2017

Maine Car Accident Kills Teen on First Day of School

by Peter Thompson & Associates

A 16-year-old girl has died after a collision with a dump truck on her way to her first day back to school in Pittston. According to the Bangor Daily News, the crash happened at the intersection of Route 27 and Old Cedar Grove Road. Her younger brother, who was in the front passenger seat, suffered serious injuries but is expected to make a full recovery.

More than 1,000 people attended a candlelight vigil in the teen’s honor, where she was remembered for being smart, athletic, and positive.

Investigators report the teen driver, operating a Jeep, pulled out in front of the truck. The truck then slammed into the driver’s side of the Jeep, causing the Jeep to overturn and come to a rest on the roof. Both teens had to be pried out of the vehicle by rescue workers. The truck driver, meanwhile, suffered only minor injuries.

August 22, 2017

Maine Amusement Park Injury Risks Highlighted in Peak Fair Season

by Peter Thompson & Associates

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