Product liability claims generally arise when an individual suffers injuries as a result of a defective or unreasonably dangerous product. Under Maine product liability law, any person who is a “reasonably expected” user of the defective product may have standing to file a lawsuit, regardless of whether they purchased the product. Further, although many products have limitations on warranties, state law provides that manufacturers and sellers cannot limit the implied warranties on consumer products. It is important to note that the law distinguishes between consumers and commercial purchasers. Despite the broad rights and...
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Maine Product Liability Law Concerning Defective Amazon Products
Maine head-on collisions are typically some of the most devastating types of accidents because they tend to lead to serious injuries or death. Unlike other collisions, head-on collisions involve two cars that are traveling toward each other before the accident. In these accidents, the drivers and front passengers are often flung toward, and maybe through, the front windshield. According to the Insurance Information Institute, head-on collisions account for approximately 2 percent of motor vehicle accidents, but they lead to 10 percent of yearly...
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Filing a Personal Injury Lawsuit after a Maine Head-on Collision
For many people, motorcycles are a preferred method of transportation for their day-to-day transportation needs. Motorcycles are often less expensive to buy and own when compared to a car, they are faster, and need less storage space and gas. For these reasons, motorcycles seem to be growing in popularity for both commuters and casual riders. However, motorcycles can also pose a number of unique dangers – especially when ridden without a helmet...
MAINEINJURYLAWYERBLOG.COM
Maine Motorcycle Accidents and Helmet Laws
Salmonella is a common bacterium associated with many food-related illnesses in the United States. There are many challenges with containing the bacteria because it cannot be seen, smelled, or tasted. Despite the benign presentation of food products containing salmonella, the consequences of ingesting it are often severe. The bacteria often result in salmonellosis, an illness marked by...
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Maine Food Poisoning Lawsuits Following Salmonella Contamination
During these warmer summer months, everyone is heading outdoors to cool off. While some people prefer to spend their days by the pool, others have been enjoying the warmer weather by spending a day on a lake or the ocean. Although these trips are usually filled with fond memories and valuable time spent with friends and family, many of the recreational activities that take place at the lake or beach can be dangerous and lead to accidents...
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One Dead Following Tragic Maine Boat Crash
In Maine, individuals who suffered injuries or died in a car or other accident because of another’s fault, may be entitled to compensation for their damages and losses. However, even if the evidence suggests that the other party was at fault, each case presents unique circumstances that may affect liability and recovery. One of the most challenging situations is when the defendant experiences a medical emergency that leads to an accident...
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Liability in Maine Car Accidents After a Motorist Experiences a Medical Emergency
Under state law, a negligent city, town, county, or state government official may be held liable for negligence through a Maine personal injury lawsuit. However, unlike typical personal injury claims, these cases impose significant burdens on injury victims. For over a century, the doctrine of sovereign immunity protected states and government agencies from civil lawsuits for their negligent conduct. However, to address the inherent...
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Maine Personal Injury Lawsuits Brought Against Government Agencies
As people become accustomed and adjust to social distancing and the “new normal,” our shopping centers and roads are becoming busy again. With more people out and about, that also means a higher likelihood of potential accidents. Car collisions can truly occur anytime, anywhere, and often happen when you least expect it to. When you find yourself involved in an accident, sometimes it can fuel a lot of adrenaline and anxiety.
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Steps to Take After a Maine Car Accident
Under Maine law, an individual who suffers injuries because of another’s negligence or reckless conduct may hold at-fault parties or entities responsible for their damages. In some cases, the other party may be responsible under both civil and criminal statutes. Generally, tort or civil claims involve situations where one or more parties’ negligence directly or proximately causes personal damages to another person. Whereas criminal conduct involves a wrong committed against society, in general. The difference between this conduct generally involves the method of wrongdoing, the actor’s intent, and the effect on society. However, in some cases, a tort activity may involve criminal conduct. In either case, a victim may be entitled to damages through civil awards or court-ordered restitution...
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Maximizing a Maine Accident Victim’s Recovery when Restitution is Insufficient
Recently, the Maine Supreme Judicial Court issued an opinion addressing whether medical records of individuals who are not parties to a lawsuit are protected from discovery. The case arose after a patient died shortly after undergoing gallbladder surgery. The decedent’s estate argued that the surgeon negligently cut the incorrect duct and caused bile to leak into the woman’s abdomen, resulting in additional surgeries, extended recovery, and additional treatments. The estate filed a lawsuit against the hospital that employed the surgeon, arguing that it was vicariously liable for the doctor’s negligent conduct.
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Common Evidentiary and Discovery Issues in Maine Medical Malpractice Lawsuits
When you witness an accident, especially involving a close family member or loved one, it can often be a traumatic experience. Thankfully, the law provides various opportunities to recover in the wake of these incidents. When a bystander only hears — and does not see — an accident occur, however, the legal calculus can often become complex...
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Maine Court Rules in Favor of Plaintiff in Bystander Negligent Infliction of Emotional Distress Claim
Under Maine personal injury law, accident victims or their loved ones may seek compensation for their damages against the at-fault party. However, issues arise when the at-fault party dies at any point after the accident. When a defendant in a Maine personal injury action dies, victims must take specific steps to preserve their rights and remedies...
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Recovering Through a Maine Car Accident Claim if a Negligent Party Dies
Given Maine’s reputation as a beautiful place to live and vacation, the state experiences a significant amount of car and truck travel every year. However, all this traffic creates busy highways filled with cars and large commercial vehicles, increasing the chances of a serious Maine truck accident. Although some accidents are unavoidable, many trucking accidents are preventable. A significant number of these accidents result from a driver’s negligence or a defective car or truck component...
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Maine Truck Accidents Caused by Defective Component Parts
Recently, the City of Portland appealed a denial of its motion for summary judgment on immunity grounds in a Maine slip-and-fall lawsuit. In this case, the plaintiff suffered various injuries after, slipping and falling on ice outside of the Portland Police Department Headquarters’ lobby. Evidently, the plaintiff fell on a partially open brick-paved plaza about seven feet from the exit. The particular location is part of the defendant’s building and is used as a parking area and holding pen. The victim and his wife filed a negligence lawsuit against the City. In response, the City filed various affirmative defenses, including being immune under the Maine Tort Claims Act (MTCA)...
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Court Finds in Plaintiff’s Favor in Maine Government Liability Lawsuit
Although the Federal Motor Carrier Safety Administration (FMCSA) classifies buses as one of the safest forms of transportation for passengers in the United States, the safety does not extend to people not on the bus. The FMCSA reported that the country experiences over 50,000 bus accidents every year, resulting in thousands of injuries and fatalities. The sheer magnitude of buses makes them a serious and potentially deadly threat to Maine motorists, bicyclists, pedestrians, and bystanders. In some instances, bus passengers may suffer injuries and death as well. Despite the training that bus drivers must complete, many Maine bus drivers operate their vehicles without the proper concern for others’ safety. In these cases, Maine bus injury victims may seek compensation for their damages...
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Maine Bus Accident Dangers and Lawsuits
Car accidents are usually sudden, unexpected events and often end with significant injuries or even death. When someone in an accident was killed as a result of another party’s negligence or was perhaps a passenger in a vehicle where the driver operating the vehicle itself was negligent, family members of the deceased may have grounds for a Maine wrongful death claim...
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Two Maine Teenagers Killed in Tragic Car Accident
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Health groups, affected families urge tougher Maine standards on ‘forever chemicals’
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Maine companies mount volunteer effort to staff vaccination sites
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Maine nonprofit finds unique way to help people while strengthening economy
Recently, the Supreme Judicial Court issued an opinion in a complex federal and state Maine medical malpractice case. The case arose following injuries a patient suffered during a 2013 surgery to her rotator cuff. The patient argued that the medical provider diagnosed her and suggested surgery, without addressing how the patient’s Tourette’s Syndrome would affect the doctor’s surgical approach. During the patient’s informed consent process, the orthopedic practice providers did not advise her that if the doctor found a rotator cuff tear, he would not repair it because the surgery would be “guaranteed to fail.” The doctor discovered a tear during surgery and did not repair the cuff...
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Court Dismisses Medical Provider’s Argument Involving Judicial-Economy Exception in Maine Medical Malpractice Lawsuit
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This arduous winter climb leads to outstanding views in western Maine
