Maine Answer and Defenses - Slip and Fall

State:
Multi-State
Control #:
US-PI-0178
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample answer and defenses filed by the defendant in response to a complaint filed by the plaintiff alleging injuries resulting from a slip and fall accident in defendant's place of business.
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FAQ

Maine Tort Law contains a mixture of substantive law (e.g. negligence, premises liability, transportation accidents, professional liability, civil rights, governmental liability and immunity, products liability) and procedural matters (e.g. multiple defendants, vicarious liability, insurance, damages) that are ...

Contributory negligence is a common law tort rule which bars plaintiffs from recovering for the negligence of others if they too were negligent in causing the harm. Contributory negligence has been replaced in many jurisdictions with the doctrine of comparative negligence.

N. a doctrine of common law that if a person was injured in part due to his/her own negligence (his/her negligence "contributed" to the accident), the injured party would not be entitled to collect any damages (money) from another party who supposedly caused the accident.

In other words, the state recognizing contributory negligence rule prevents the plaintiff from collecting damages even when they were found to only be 1% negligent. Only four states and the District of Columbia recognize the contributory negligence rule: Alabama, Maryland, North Carolina, and Virginia.

Landowners and property owners have a duty to exercise reasonable care and provide safe premises to lawful invitees. In order to prove that someone allowed a defective and/or dangerous condition to exist on their land, a person must prove that: The landowner owed a duty to the injured person.

The following are the penalties for leaving the scene of accident offenses: Class E: Maximum of 6 months of jail time Maximum of $1,000 in fines. Class D: Maximum of 12 months of jail time Maximum of $2,000 in fines 90 days of license suspension.

Maine uses a modified comparative negligence system. Plaintiff may recover for their damages as long as they are not found to be equally or more at fault than the defendant. Tortfeasors can be found ?jointly and severally liable" for the plaintiff's damages or financial costs and injuries.

If you want to take legal action to claim compensation for a personal injury, you will need to get advice from a solicitor specialising in these types of cases. This must be done as soon as possible as there are strict time limits on taking legal action.

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Maine Answer and Defenses - Slip and Fall