Maine Injury Lawyer Blog

July 25, 2023

Dog Attacks: Understanding Liability and What to Do If You’re Bitten

Dog attacks can be terrifying and life-altering experiences, affecting victims physically, emotionally, and financially. According to data from the Centers for Disease Control and Prevention (CDC), an estimated 4.5 million Americans experience dog bites annually. Shockingly, a staggering 20% of these incidents demand immediate medical intervention due to the severity of the injuries.

According to a recent article, a six-year-old child was viciously attacked by a dog in Chesterville, Maine. The child was playing outdoors when an unrestrained dog lunged at them, causing severe injuries, particularly to the face and upper body. Fortunately, quick thinking by a nearby adult prevented the situation from escalating further. The child was promptly rushed to a nearby hospital, where they underwent emergency surgery.

Liability in Dog Attacks:

In Maine, dog owners can be held liable for injuries caused by their pets under certain circumstances. Maine operates under a “strict liability” statute when it comes to dog attacks. This means that dog owners are held responsible for injuries inflicted by their dogs, even if the dog has never displayed aggressive behavior before, and the owner had no prior knowledge of their dog’s potential to bite.

July 19, 2023

Understanding the Maine Liquor Liability Act

by Peter Thompson & Associates

Maine’s Liquor Liability Act is a crucial piece of legislation that aims to hold establishments accountable for overserving clearly intoxicated customers. The law holds these establishments partially responsible for the consequences of their patrons’ actions.

According to a recent article, a tragic car crash in Maine has sparked legal action against four bars and restaurants for their alleged involvement in the incident. The lawsuit filed by the parents of a 23-year-old individual involves multiple establishments, including a pub, a sports bar, a gentlemen’s club, and a popular restaurant chain. The legal action claims that these establishments failed to cease serving alcohol to a 22-year-old individual, who was visibly intoxicated and tragically lost his life in the ensuing car crash.

Maine Liquor Liability Laws Explained:

Maine, like many other states, has specific laws in place to hold establishments accountable for their actions when serving alcohol. These laws are designed to protect individuals from the consequences of alcohol-related accidents and injuries.

July 12, 2023

Tragic ATV Accident Leaves One Dead

by Peter Thompson & Associates

ATV (All-Terrain Vehicle) accidents can lead to severe injuries and tragic consequences. As a personal injury law firm based in Maine, we understand the devastating impact these accidents can have on individuals and their families.

According to a recent news article, a 16-year-old individual from Oakland, Maine tragically lost their life in an ATV accident on Manchester Road. The accident occurred when the ATV veered off the road and struck a tree. Emergency responders were called to the scene, but unfortunately, the teenager succumbed to their injuries.

The Prevalence of ATV Accidents in Maine:

ATVs are popular recreational vehicles in Maine, providing an exciting way to explore the state’s beautiful landscapes. However, with increased usage comes an inherent risk of accidents. According to the Maine Department of Inland Fisheries and Wildlife, ATV accidents have been a recurring issue in recent years, resulting in injuries and fatalities.

July 6, 2023

Train Derailment in Rural Maine Raises Safety Concerns

by Peter Thompson & Associates

Hazardous waste poses significant risks to human health, the environment, and communities. As a personal injury law firm dedicated to protecting the rights of individuals in Maine, we understand the severe consequences that can result from hazardous waste incidents.

According to a recent article, a freight train carrying hazardous materials derailed in Sandwich Academy Grant Township in Somerset County, raising concerns about railway safety and the transportation of dangerous substances. The derailment serves as a reminder of the potential dangers associated with the mishandling or release of hazardous waste and highlights the importance of implementing robust safety measures and adhering to regulations to prevent accidents and protect communities from the harmful effects of such incidents.

The Hazards of Hazardous Waste:

Hazardous waste poses significant risks to both human health and the environment. It can contain toxic substances, flammable materials, corrosive chemicals, or other dangerous components that can cause serious harm if released or mishandled. The recent freight train derailment highlights the potential magnitude of these hazards and underscores the need for stringent safety measures to protect communities from the harmful effects of such incidents.

June 30, 2023

Understanding Maine Car Insurance Requirements

by Peter Thompson & Associates

In the event of a Maine car accident, your vehicle may endure serious property damage. To avoid paying significant out-of-pocket costs, it is important to protect yourself with auto insurance. In addition to purchasing auto insurance, you should learn more about Maine’s insurance laws to make sure you have adequate coverage in every situation you may encounter.

What Types of Auto Insurance Do You Have to Buy in Maine?

Under Maine’s insurance laws, anyone who owns or operates a vehicle in the state must carry minimum policy amounts for several types of insurance. These coverage limits do not represent the amount you pay upfront. Rather, the limits are the maximum amount your insurance company will pay in the event of an accident. Specifically, drivers must carry liability insurance, medical payments coverage, and uninsured/underinsured motorist coverage. If you are at fault for an accident, liability insurance will pay for another person’s injuries and property damage resulting from the crash. Under Maine law, drivers must carry $50,000 per person/$100,000 per accident for bodily injury liability, as well as $25,000 for property damage. Additionally, medical payments cover your medical expenses and your passengers’ medical expenses in the event of an auto accident. The law requires Maine drivers to purchase at least $2,000 per person in medical payments coverage. Drivers can also purchase $5,000, $10,000, and $25,000 coverage limits without a significant bump in cost.

June 26, 2023

Protecting Pedestrians in Maine: Understanding the Dangers of Pedestrian Accidents

by Peter Thompson & Associates

Pedestrian accidents can have devastating consequences, causing severe injuries and even fatalities. Maine’s picturesque landscapes and bustling communities make it important for both pedestrians and drivers to be aware of their surroundings and prioritize safety.

According to a recent article, a 13-year-old student was struck by a tractor-trailer while crossing the road after getting off a school bus in Gray. This unfortunate accident occurred during a critical moment when the bus’s stop-arm was extended to indicate that children were entering or exiting the vehicle. The student sustained severe injuries, requiring immediate medical attention.

Common Causes of Pedestrian Accidents

Understanding the common causes of pedestrian accidents is crucial in raising awareness and implementing effective safety measures. Some key factors that contribute to such accidents include:

June 20, 2023

How to Get a Maine Accident Report

by Peter Thompson & Associates

If you are involved in a Maine car accident, you will often notice that the responding officer will interview you and other witnesses, inspect the scene, and record notes. These notes will form the basis of an accident report, which contains a police officer’s observations in the aftermath of a crash. Crucially, the report may also include the officer’s opinions about the accident, including the person they believe was responsible. If you or a loved one has suffered injuries in a Maine car accident, you should request a copy of the accident report as soon as possible.

Why Should You Request an Accident Report?

In the event that you sue the responsible party for negligence, the accident report could support your version of events. If an officer believes that another party’s negligent behavior contributed to the crash, you can introduce the accident report as evidence to support your claim. In addition to helping your claim, an accident report can also negate a defendant’s alternative story of the accident. For example, the defendant may claim you struck their vehicle, but the officer may reach the opposite conclusion. An accident report can thus provide powerful, unbiased evidence from a neutral third party that you were not at fault, or the defendant was more at fault.

In addition to helping your case in a negligence lawsuit, accident reports can also prove helpful in the insurance process. If your vehicle suffers property damage from an accident, you can use the accident report to file a claim with your insurance carrier. If the officer concluded you were not at fault for the accident, you could have a stronger claim for your insurance carrier to cover your expenses.

June 13, 2023

Maine Product Liability Claims After Empower Brands Juicer Recall

by Peter Thompson & Associates

According to a recent news report, the US Consumer Product Safety Commission (CPSC) announced that Empower Brands has recalled approximately 469,000 juicers. The CPSC alleges that the company’s Power XL Self-Cleaning Juicers pose laceration and ingestion hazards. To date, there have been over 261 reports of accidents involving the juicers, 47 of which involved “severe cuts requiring emergency treatment” and “ingestion of small particles requiring medical attention.” In particular, the juicers have ruptured and struck consumers during use, potentially leading to lacerations. The juicers have also left small particle shavings in the juice that could pose health issues to consumers. Between September 2020 and August 2022, the recalled juicers appeared in major retailers, including Walmart, CVS, and Target.

What Types of Product Liability Form the Basis for a Lawsuit?

In Maine, a consumer who suffers injuries from a defective product can bring three main types of product liability claims. First, a consumer can bring a manufacturing defect claim. This type of claim alleges that a company made a product improperly, such as using the incorrect materials. Typically, a manufacturing defect occurs when a company produces a “bad batch” of a product rather than affecting every product on the market. For example, a company may have designed a blender to be safe, but due to a manufacturing defect, one blender may have a loose blade that injures a consumer.

Alternatively, a consumer may allege a design defect. These claims allege that, even if the company perfectly manufactured the product, it contained a fundamental design flaw that led to the consumer’s harm. A classic example of a design defect is a poorly designed safety guard on an electric tool that fails to guard against injuries. Unlike a manufacturing defect, a design flaw affects all products before manufacturing even begins.

June 7, 2023

Two Injured in Maine Head-On Collision

by Peter Thompson & Associates

Head-on collisions occur when two vehicles traveling in opposite directions crash into each other. This type of car accident can result in severe injury to drivers and passengers. A recent Maine accident demonstrates the serious consequences of a head-on collision.

As a recent news article reported, a head-on collision in Woolwich, Maine, injured two people and killed a dog. The accident occurred when a seafood delivery driver suddenly veered across the roadway and into oncoming traffic. As a result, his delivery van collided with a Subaru head-on. First responders had to remove both drivers from their vehicles. They were transported to the hospital for serious injuries. The Subaru driver’s dog died from the crash. According to local officials, the crash occurred during a period of steady rain.

What Are the Causes of a Head-On Collision?

Many contributing factors can lead to a head-on collision. First, inclement weather may cause the roads to become more slippery, making it harder for drivers to control their vehicles. To prevent a head-on collision, avoid driving in dangerous weather conditions when possible. If you must drive in inclement weather, be sure to drive slowly and look out for any slippery patches on the road. Second, a head-on collision may occur when a driver speeds or attempts to pass a vehicle by veering into the opposite lane. Too often, a driver does not see an oncoming vehicle until it is too late. To stay safe, leave early for your destination so you can resist the urge to speed. Finally, a collision may occur when drivers fail to give their full attention to the road. Distracted driving, drowsy driving, and driving under the influence of drugs or alcohol can all place you and other drivers at serious risk of a head-on collision. When you get behind the wheel, make sure you focus on the road to avoid a collision.

June 5, 2023

Understanding Maine Comparative Fault Laws

by Peter Thompson & Associates

Comparative fault refers to each party’s degree of responsibility for a specific plaintiff’s harm. The issue of comparative fault often arises when plaintiffs share some portion of responsibility for their harm or when multiple defendants are at fault for the same plaintiff’s harm. When apportioning fault in a negligence lawsuit, Maine follows a modified comparative negligence scheme. Through this system, Maine plaintiffs can recover damages even if they were partially at fault for the accident that caused their harm. The majority of states have adopted modified comparative negligence instead of pure contributory negligence, which would prohibit plaintiffs from recovering any damages if they were even 1% at fault. Maine passed its modified comparative negligence rules into law at Title 14, Section 156 of its Revised Code.

Under Maine’s modified comparative negligence system, a plaintiff can recover damages so long as they were less than 50% at fault for the accident. If a plaintiff is equally at fault or more compared to the defendant, the plaintiff cannot recover any damages. This is one important way that Maine differs from other states. Some states allow plaintiffs to recover damages if they are 50% at fault or less, but a Maine plaintiff must be 49% at fault or less. Additionally, a jury or judge will reduce a plaintiff’s damages award based on the plaintiff’s degree of fault. For example, if a plaintiff is 10% at fault, the jury or judge would reduce the plaintiff’s $100,000 award to $90,000.

Because a reduced damages award would allow defendants to pay less in damages, a defendant will often argue that the plaintiff shares responsibility for the accident. An experienced Maine personal injury attorney can help plaintiffs show they were not at fault in order to hold defendants accountable for their negligence.