Maine Injury Lawyer Blog

September 15, 2017

Maine Grocery Store Sued for Premises Liability After Violent Attack

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

August 1, 2017

Misdiagnosis Leading to Maine Girl’s Paralysis Results in $1.9M Settlement

by Peter Thompson & Associates

A Maine girl must now use a wheelchair for the rest of her life after pediatricians wrongfully diagnosed her with severe constipation, rather than the acute leukemia from which she was actually suffering. That was the claim made by the plaintiff in a Maine medical malpractice lawsuit against the practitioners and a walk-in clinic. That claim was recently settled with a $1.9 million settlement, which will be placed into a trust for the girl. Her parents told The Bangor Daily News they hope the settlement will help improve the quality of life for the girl, who will likely never walk again.

According to reports, the girl’s parents brought the six-year-old into a walk-in clinic on one February day in 2014. They knew she was very sick. Two doctors diagnosed her with severe constipation and assured her parents this issue would pass. However, her parents grew increasingly worried because their daughter’s fever did not subside, her stomach grew hard and distended, and her eyes were glazed over.

Concerned, her parents took her to Maine Medical Center in Portland. Four days after seeing the first pediatrician in the walk-in clinic, she was diagnosed with an aggressive form of childhood cancer. Her parents say from the moment she began treatment at the larger facility, their daughter’s health began to improve drastically. However, the delay in her treatment initially resulted in leukemia cells blocking blood flow from the girl’s lower spine to her legs, rendering her paraplegic.

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 23, 2017

Maine Bill Would Make Permanent Life Ban on Driving

by Peter Thompson & Associates

We assume that when someone’s conduct behind the wheel is so egregious they receive a “lifetime driving ban” that it means just that – they’ll no longer be able to lawfully drive. It turns out that it’s not so in Maine.

This was highlighted in a recent case out of Fairfield. There, a man previously from Skowhegan was convicted of drunk driving for a 1996 crash that killed three people and injured two others. For this crime, as part of his sentence, the judge imposed a lifelong ban on his driving privileges. That should have been the end of the story, but as it turns out, there is a loophole in Maine law. If a person’s driver’s license has been “permanently” revoked, they are still allowed to petition the court for reinstatement of that license if 10 years have passed since they were released from prison.

After this case was highlighted by the Press Herald, two lawmakers from central Maine who are members of the Criminal Justice and Public Safety Committee vowed to introduce a bill that would scrap that section of the law. In an interview, they noted it was “upsetting” that the word “permanent” doesn’t actually mean that under state law. They say there should be no chance for a driver like this one to appeal years after a judge ruled they should never be allowed to drive again.

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.

June 9, 2017

Report: 43 Percent of Children Killed in Car Accidents Not Properly Restrained

by Peter Thompson & Associates

A new study published in the journal Pediatrics reveals that 43 percent of children killed in car accidents were not wearing a seat belt or buckled in properly to a car seat. Among children involved in a fatal crash in which someone died (not necessarily them), 20 percent were not properly buckled.

Rates of child fatality varied significantly from state to state, which underscores the argument that public information and state regulations can potentially have a direct impact on motor vehicle safety for children. For example, the U.S. Centers for Disease Control and Prevention (CDC) have reported that seat belt usage tends to be higher for all kids in states that have tighter seat belt laws and enforcement.

In Maine, Maine Rev. Stat. Ch. 19, 1-2801 requires that children under 40 pounds be properly secured in a child safety seat in accordance with the manufacturer’s instruction. The fine is $50 for a first-time offense and cannot be suspended by the court. Passengers under the age of 18 have to be wearing seat belts, and here again, the fine is $50 for a first-time offense.

June 2, 2017

Maine Bill Would Allow Wrongful Death Lawsuits for Death of Unborn Children

by Peter Thompson & Associates

Lawmakers in Maine are weighing whether to amend the state’s wrongful death statutes to allow claims for the deaths of unborn children. The proposal would specifically exempt physicians who conduct legal abortions, although some pro-choice advocates say the law would nonetheless undercut women’s reproductive rights.

Supporters of the measure opine it’s an avenue for family members to seek financial redress when a fetus dies as a result of neglect, default, or some wrongful act – by a driver, a doctor, a manufacturer, or another party. Those opposed to the measure say it isn’t necessary under state law, and the true purpose is to chip away at a woman’s right to choose.

The bill, L.D. 327, would give families the opportunity to seek damages in probate court under wrongful death statutes if a fetus that is viable (i.e., has reached at least 24 weeks of age) dies as a result of someone else’s negligence. This would not be a unique move. In fact, 40 other states – including all of the other states in New England – provide some avenue for family members to seek financial compensation if an unborn baby dies because of another party’s wrongdoing or neglect.

May 17, 2017

Drugged Driving Stats Shouldn’t Detract from Ongoing Drunk Driving Scourge

by Peter Thompson & Associates

Driving under the influence of drugs or alcohol is illegal in Maine, since it jeopardizes the safety and well-being of everyone on the road. It is true that the number of alcohol-fueled crashes has slid slightly in recent years, while the number of drug-related accidents has spiked, driven largely by the rising use of illicit and prescription opioids and the increasing availability of legal marijuana.

Still, as Maine Public Radio reports, people shouldn’t think this means alcohol use is no longer a serious issue on our roads.

Recently, the Governors Highway Safety Association released a report on the issue of drug-impaired driving. Drawing from the most recent 2015 data of the Fatality Analysis Reporting System (FARS), the GHSA revealed drugs were present in 43 percent of all fatally injured drivers with known test results (which were 57 percent of the total). Meanwhile, alcohol was present in 37 percent of those cases. A roadside survey by the National Highway Traffic Safety Administration in 2014 found 22 percent of motorists on weekend nights and days were under the influence of drugs, most often marijuana. In solely looking at the headlines, one might think drugs are responsible for more traffic fatalities than alcohol. That’s actually not what the report says.