What is the Maine Negligence Law?
Negligence is the main cause of several accidents causing harm, to others. In the U.S., negligence laws play a vital role in determining who is at fault. Assume you are driving on a freeway and you check your rear-view mirror to change lanes. You collide with another car who is speeding on the other lane. The other person may be held liable for the damage caused due to negligence under the negligence laws.
Negligence Laws Definition
Negligence law definition is the same for all states in the U.S. But the negligence laws by state differ from one state to another. As per the negligence law definition, if you, the plaintiff has suffered injury, you can claim compensation based on the five elements of the negligence laws.
These Five Elements include
- Duty of care which refers to a legal duty to exercise reasonable care to prevent another from suffering injury.
- Breach of duty of care is the failure to fulfill the duty of care owed in the situation where the injury was caused
- Proximate cause is the direct link between the breach of duty and the injury caused
- Damages are the final element of negligence and refer to the genuine injury caused to another person
- As the negligence laws by state are different in each state, the compensation for the damage caused also differs depending on the state.
Negligence Law Maine
The negligence law definition for Maine is the same as all other states of the U.S. As per the negligence law Maine, negligence is careless conduct or a reckless behavior by a person, party, or a company that causes an injury or death to another. There are two basic types of negligence,
- Comparative negligence laws
- Contributory negligence laws
The negligence laws by state define the type of negligence system the state follows, and the type of system followed by the state helps determine fault in negligence cases. Maine negligence law follows comparative negligence law.
Maine negligence law plays a vital role in determining liability in negligence claim as it helps determine who is at fault for the injury. Negligence law Maine follows the comparative negligence act. As per this act, if both parties are responsible for the accident that has caused injury or damage to one or more persons, then the compensation is based on the percentage of fault.
Though the negligence laws by state differ from one state to another, the punishment for negligence is as severe in every state as a punishment for negligence in Maine. The Maine negligence laws are not as liberal as it seems. The state follows a modified comparative negligence law. As per Negligence law Maine, if the plaintiff is equally or more at fault than the other party, the defendant, the plaintiff will not be allowed to claim compensation. If the fault apportioned to the plaintiff is less than 50%, the percentage of fault does not bear any relation to the compensation claimed. The damage or compensation is determined as whatever is just and equitable giving regard to plaintiff’s responsibility for the accident.
Punishment for Negligence in Maine
As per Maine negligence law, the punishment for negligence is Maine differs depending on the severity of the injury as well as the type of negligence. Consider reckless driving compared to negligent shooting during hunting. If a person drives a motor vehicle recklessly endangering others, it is considered a Class E crime and carries a maximum penalty of a fine of up to a $1000 and up to 180 days jail sentence. As for negligent shooting at a hunting trip, it carries a fine of not more than $1,000, or not more than 10 years imprisonment, or both.
Negligence can arise anywhere and in any situation. The punishment for negligence in Maine is always dependant on the situation. The punishment is imposed after a careful evaluation of the two or more parties involved in the case.