Maine Tort Laws

Another chapter in the legal field is about to unfold as Maine anticipates receiving a minimum of $235 million over the course of nearly two decades from large-scale national settlements. These cases involve corporations charged with aggravating the opioid crisis.

The U.S. Centers for Disease Control and Prevention released data showing that, in 2022, more than 107,000 people died from drug overdose. Moreover, age-adjusted rates of drug overdose deaths involving synthetic opioids, except methadone, showed an increasing trend from 2013 to 2022.

Dozens of lawsuits have been filed against companies, claiming that for more than 20 years, they oversaw a deceptive, hazardous, and fatal campaign to distribute pharmaceutical opioids widely into households. The first state to receive damages is Maine; it has been awarded almost $28 million, and millions more are anticipated.

Tort law creates a complex fabric that regulates civil wrongs and provides relief to anyone injured by the carelessness or misconduct of others. This involves mass torts similar to the opioid lawsuit, which is being litigated nationally and includes claimants from different states.

Understanding the nuances of torts is essential for both litigators and plaintiffs, as it is the cornerstone of civil litigation. This article explores the workings of tort law in Maine, including the kinds of torts, the process of taking legal action, and other legal remedies and resources. 

Basic Tort Categories in Maine

Negligent Torts

Torts involving negligence in Maine include situations in which someone violates a duty of care and causes harm or injury to other people. These breaches of care encompass a broad range of situations, such as car crashes, trips and falls, and medical negligence. 

In essence, a negligence tort occurs when someone violates someone else’s rights by failing to act in a reasonable manner. If someone is driving their car recklessly and causes injury to another as a result, they may be held liable for negligent tort. The victim may file a personal injury claim against the at-fault party with the help of a car accident attorney.

Intentional Torts

Intentional torts in Maine occur when an individual purposely causes injury to another person or their property. This type of legal misconduct may include intentional acts that result in harm, destruction, or distress. 

A few examples of intentional torts are battery, defamation, and assault. These behaviors show a blatant intention to hurt someone else or act in a way that would negatively impact them. 

Strict Liability Torts

Unlike purposeful or negligent torts, strict liability torts in Maine do not require proof that someone was negligent or at fault. These kinds of lawsuits focus on holding the defendant accountable for any harm they cause without having to demonstrate negligence or malice. 

One of the best examples of this kind of tort is product liability. Regardless of whether the manufacturer or seller acted with negligence, they may still be held liable for damages if a defective product harms a consumer. 

Other Tort Categories in Maine

Nuisance Torts

In Maine, a nuisance tort involves unreasonable interference with property use or enjoyment, like noise, smells, or disturbances. It manifests in two ways: privately among neighbors and publicly, impacting entire towns. A private nuisance causes damage to individual dwellings, but a public nuisance, such as pollutants in neighborhoods, affects larger groups. 

Another difference between private and public nuisances is who may file a lawsuit. In public nuisance cases, those who have the right to sue are the government entities that oversee public rights, like parks or environmental protection departments. Individuals who have been directly impacted or suffered specific harm may also sue.

An example of this scenario is when Maine’s shoreline was destroyed by an oil spill in the 1970s, negatively impacting the town’s tourism industry and marine life. Hotel and restaurant operators filed lawsuits for lost business, and fishermen for lost livelihood. Since the court declared it a public nuisance, only the fishermen and people who were directly dependent on the ocean were successful in their lawsuit. On the other hand, the claims of businesses that were indirectly impacted were not granted, as per the public nuisance doctrine. 

Economic Torts

Other types of torts in Maine are economic torts, which involve civil wrongs that cause financial loss to individuals and businesses. Examples of economic torts are business-related issues such as negligent misinterpretation, false assertions, fraud, and meddling in contracts or commerce. Lawyers for aggrieved parties must prove that the defendant intentionally committed harmful actions that caused them financial loss in order to pursue legal claims. 

Tort vs. Crime in Maine

In the realm of law, two key terms come to mind when referring to wrongdoing: crime and tort. Despite their apparent similarity, the two concepts are quite different. 

A crime is a transgression against society for which the state brings legal action against the perpetrators. In essence, crimes need strong proof “beyond a reasonable doubt.” Criminal acts are always pursued and litigated in criminal court. 

A tort is not considered a criminal wrongdoing but a civil wrong. This causes harm to people and gives rise to claims for damages. While crimes need to be proven beyond a reasonable doubt, torts rely on a “preponderance of the evidence” standard. In an intentional tort lawsuit, injured people may opt to seek recompense by presenting their claims in civil court rather than criminal court.

Mass Torts in Maine

Mass torts law in Maine involves many parties who bring claims on behalf of one another for injuries all of them have suffered. 

Mass torts and personal injury share some similarities but have several key distinctions. Personal injury involves individual claims for damages resulting from specific incidents, while mass tort refers to a collective legal action involving multiple plaintiffs injured by a common source of harm and are often more complex to handle.

Filing a mass tort lawsuit can benefit plaintiffs in different ways. One is by recovering a greater amount of damages since fewer plaintiffs may file separate or individual lawsuits. This arrangement tends to reduce litigation costs and gives plaintiffs a greater negotiating advantage to leverage during settlement talks. In addition, injuries typically impact a specific group of people in the same region. Although each victim must file their claim individually, related cases may be combined during the discovery stage to facilitate information sharing between cases, benefiting both plaintiffs and lawyers. 

Mass tort cases usually arise from the following negligence:

• Hazardous chemicals from households or offices, such as asbestos, pesticides, and cleaning supplies, that may cause harm to the neighborhood or many people.

• Defective products made by manufacturers and distributors, such as malfunctioning machinery or harmful drugs, that could cause injury or death to consumers or users.

• Environmental contaminants that may potentially harm people’s lives all over the world. These may include water pollution, pesticide poisoning, or oil spills.

Mass Torts vs. Class Actions

Mass torts and class actions are similar due to the substantial numbers of claimants. However, there is a crucial distinction between the two: mass tort cases are often brought one at a time rather than collectively. Class action lawsuits are brought on behalf of a sizable group of people who have sustained similar damage or injuries as a result of the wrongdoing of others. 

Members of class lawsuits are required to meet the criteria listed in Rule 23 of the Federal Rules of Civil Procedure to initiate a legal action. On the other hand, a mass tort lawsuit must be filed by the victims individually, and their legal rights are not protected as one, unlike in a class action. Additionally, in a mass tort, damages are only given to the victims who filed a claim.

The Mass Tort Process

Before pursuing a mass tort lawsuit, one must understand the stages of the litigation process:

• Initial Assessment: The mass tort lawyer determines the viability of the case by reviewing medical records, assessing the victim’s injury, and looking for any similar patterns with other cases. 

• Federal Court Filing: This involves filing a motion with the judicial panel on multi-district litigation. Through this process, all mass tort lawsuits filed in different jurisdictions are consolidated and brought together in the federal court. Typically, cases are returned for trial to the original courts. 

• Bellwether Trials: In this phase, the court will choose a few cases from the large pool of lawsuits filed to serve as a benchmark for other cases. This can help both parties make well-informed decisions on litigation or settlement. 

• Case Resolution: Since a mass tort lawsuit is filed individually, every plaintiff’s case requires a resolution. The success of the settlement is frequently influenced by the results of bellwether trials and legal counsel. 

Maine Tort Liability Insurance Requirements

Tort liability insurance is required in Maine for businesses to serve as their protection from different tort claims. These entities have access to liability self-insurance through the Risk Management Office. 

The insurance offered covers three categories: torts, civil rights violations, and employment rights violations. Liability is restricted to $400,000 per occurrence, with a $1,000 deductible for each incident. The amount of insurance premiums paid by the entities depends on the number of employees they have. 

The Statute of Limitations for Tort Cases in Maine

The statute of limitations for most tort cases in Maine is six years following the injury-causing incident, according to M.R.S.A. Tit. 14 §752, which is the same as for personal injury cases This time frame for civil actions is considered more lenient compared to the statute of limitations in other states. However, despite the longer time allotment, plaintiffs are encouraged to take immediate action and pursue their claims as soon as they can.

Here are a few exemptions to the rule:

• For claims against the government or its employees, if the initial claim is not settled, plaintiffs are given two years from the date of filing.

• Medical malpractice claims commonly follow the three-year window but can also be pursued depending on the time the damage was discovered. 

• Minors can submit a claim three years after turning 18 or six years from the date of injury. 

How Much Can Someone Sue in a Tort Case in Maine?

The amount of damages awarded to victims of negligence is nearly entirely at the jury’s discretion, according to Maine law. 

Damages granted in tort cases can take various forms, all of which are intended to make up for the losses incurred as a result of the wrongdoing of another party or entity. Damages are typically divided into these categories:

• Pecuniary Damages: These are received by plaintiffs who have suffered tangible or actual losses, such as missed wages, earning ability, and past and future medical expenses.

• Non-pecuniary Damages: These are given to victims whose losses have no precise monetary value. Some examples are pain and suffering, mental anguish, personal freedom, and reputation.

• Punitive Damages: These kinds of recovery are granted if the defendant’s actions were proven careless or deliberate. 

Regarding pain and suffering or intangible losses, there is no set of formulas for calculating these sorts of damages. Appeals seldom overturn a jury’s decision on a damages verdict since they are not required to explain their rulings.

One such instance is the case of Felker v. Bangor Railway in 1914, in which a 71-year-old woman was seriously hurt when the train she was riding collided with the defendant’s car. The court awarded the plaintiff $1,200 (a whopping amount at the time) in damages; however, the defendant filed an appeal, arguing that the amount was excessive. Following the defendant’s appeal, the court then pointed out that the verdict was solely for pain and suffering and did not even consider medical expenses in the calculation. This was because the woman’s husband was already legally responsible for paying medical costs and covering his wife’s loss of ability to perform home duties. Hence, the pain and suffering verdict of $1,200 was deemed fair. 

Furthermore, according to M.R.S.A. Tit. 14 §8103, there is immunity given to governmental entities on any type of tort claim that involves damages. This statute is under the Maine Tort Claims Act and is designed to protect governmental bodies. 

The Negligence System

Maine follows a comparative negligence system, which permits plaintiffs to pursue damages if their percentage of fault is 49% or less or does not surpass 50% or 51%, depending on the case. Should the plaintiff’s culpability or negligence level exceed this limit, they may not recover damages. This system is designed to allocate responsibility equitably to both parties involved. 

This comparative negligence rule is also utilized in mass tort actions in Maine. This implies that the court takes into account each party's fault while assessing culpability. Therefore, the amount of damages the plaintiff (who bears some of the blame) may receive will be reduced in accordance with their degree of fault.

Other Legal Remedies in Tort Cases in Maine

Aside from monetary compensation, other legal remedies such as injunction and restitution may be sought by plaintiffs in tort cases in Maine. 

An injunction is a court-ordered action that requires someone to abstain from a specific act. It is commonly used when the plaintiff has suffered permanent injury due to the defendant’s actions. 

 There are three different forms of injunctive relief:

• Temporary Restraining Orders: This type of court remedy can be used to quickly and temporarily stop a certain action or behavior before a full hearing in order to avoid irreparable harm. It can be applied to cases like infringement of intellectual property. In this case, TROs can be used by business owners as a tool to protect their trademarks and prevent other companies from selling or producing counterfeits. 

• Temporary Injunction: This kind of injunctive relief comes after the TRO is resolved. It gives parties a chance to argue their cases in court and go over the events that led them to that specific point in time. In divorce cases, for instance, a spouse may request a temporary injunction if there is an ongoing disagreement regarding business ownership and control. 

• Permanent Injunction: This is a final court ruling that forbids a party from carrying out a specific action. One may request a permanent injunction if there is evidence demonstrating the irremediable harm suffered. For example, a permanent injunction can be employed for infringements of intellectual property if the owner demonstrates that there has indeed been an infringement. 

Restitution reinforces the accountability of the defendant for the offense. It offers a chance for the offender to make amends with the victim or the affected community and helps alleviate the victim’s suffering resulting from the wrongful act. Restitution is also frequently used in contractual situations where one party cannot collect due to a flawed or nonexistent contract. This remedy can be imposed by the court to compel payment for labor and supplies if an individual builds on someone else’s land without a contract or payment. 

Legal Resources for Tort Victims in Maine

Pine Tree Legal Assistance

Pine Tree Legal Assistance is a nonprofit organization serving the people of Maine. It offers legal aid to low-income individuals with the aim of impacting someone’s ability to uphold their fundamental rights or meet their basic needs, such as safety, education, money, housing, and healthcare. The group is authorized by the IRS as a 501(c)(3) and by the State of Maine as a public charity.

Phone: 774-8211 (legal hotline)
Mail: P.O. Box 547, Portland, ME 04112

Maine Volunteer Lawyers Project

Maine Volunteer Lawyers Project is a group that seeks to improve Maine’s legal system and the people’s access to justice by encouraging volunteerism. It has volunteer lawyers who offer pro bono legal advice and services to Mainers with financial challenges. Its services include full legal representation and advice on various civil matters. After 35 years of partnership with Pine Tree Legal Assistance, VLP became an independent nonprofit organization in 2017.

Phone: 1-800-442-4293
Fax: 207-221-1197
Email: intake@vlp.org

Cumberland Legal Aid Clinic

The Cumberland Legal Aid Clinic is a program run by the University of Maine School of Law. It is a small legal service group composed of student lawyers under the supervision of attorney faculty members. This university program aims to help low-income citizens who are seeking legal counsel and representation on civil and criminal matters, handling cases both at trial and appellate levels. 

Address: University of Maine School of Law, 300 Fore Street, Portland, ME 04101
Phone: 207-780-4355
Email: mainelaw@maine.edu