Maine

 
 
 
 
 
 
 
 
 
 
 
 
 
 

Statutes of Limitations (MAINE)

All Torts - 6 yrs. [14 M.R.S.A. § 752] (usually, no discovery rule applies, with some case-by-case exceptions)

Wrongful Death - 2 yrs. after death [18-A M.R.S.A. § 2-804]

Med Mal - 3 yrs. (from date of act/omission) [24 M.R.S.A. § 2902]

Property Damage - 6 yrs. [14 M.R.S.A. § 752]

Contracts (Written and Oral) - 6 yrs. [14 M.R.S.A. § 752]

Contracts of Sale (goods) and Breach of Warranty - 4 yrs.(from tender of delivery); but Breach of Warranty cases Involving Personal Injury - 6 yrs. (from when breach occurs) [11 M.R.S.A. § 2-725]

Claims Against Architects and Engineers - 4 yrs. (from discovery) [14 M.R.S.A. § 752-A]. 

 

Statutes of Repose (MAINE)

Products - None.

Construction of Real Property ( Malpractice or Professional Negligence) - Claims against architects and engineers must be brought within 4 yrs. from discovery but no later than 10 yrs. from substantial completion [14 M.R.S.A. § 752-A]. 

Claims Against Public/Gov. Entities (NOTE: “sovereign immunity” rules may apply) (MAINE)

Against All Entities - Notice within 180 days, Suit within 2 yrs.  [14 M.R.S.A. §§ 8107, 8108, 8110]

Comparative Negligence (MAINE)

Modified comparative (damages are diminished in proportion to Plaintiff’s fault, but Plaintiff cannot recover if he is 50% at fault) [14 M.R.S.A. § 156]

 

 

 

 

Made Whole Doctrine (MWD) (MAINE)

No law available.

Economic Loss Doctrine (ELD) (Assuming No Injury to Person or Damage to “Other Property”) (MAINE)

Recognized/applied.  Under ELD, tort recovery is not allowed for defective product’s damage to itself [Oceanside at Pine Point Condominium Owners Ass'n v. Peachtree Doors, Inc., 659 A.2d 267 (Me. 1995)].  “Integrated products rule” states that court must look to the product purchased or bargained for by Plaintiff rather than to the particular product sold by Defendant [Fireman's Fund Ins. Co. v. Childs, 52 F.Supp.2d 139 (D. Me. 1999)].  ELD extends to professional service contracts not involving fiduciary or extra-contractual relation, and thus precluded recovery for engineering firm’s negligence and negligent misrepresentation in provision of environmental assessment services [Maine Rubber Intern. v. Environmental Management Group, Inc., 298 F.Supp.2d 133 (D. Me. 2004)]

Certificate/Affidavit Of Merit Requirements (Claims Against Licensed Professionals) (MAINE)

No requirements.

Landlord/Tenant Subrogation (MAINE)

No subrogation allowed.  When the lease does not contain an express agreement addressing the issue of subrogation in the event of a negligently caused fire by a tenant, Landlord’s Insurer may not proceed against Tenant.  [North River Ins. Co. v. Snyder, 804 A.2d 399 (Me. 2002)]

Reimbursement of Deductible(s) (MAINE)

No law available.

MedPay and PIP (MAINE)

MedPay - Subrogation allowed.  In the event Insured is entitled to receive payment or reimbursement from any other person, a subrogation provision is valid only if the provision: (1) requires Insured’s written approval; (2) provides that Insurer’s subro right is subject to subtraction to account for the pro rata share of Insureds’ atty fees; and (3) is approved by the superintendent.  Also, nothing prevents Insurer from subrogating directly against Tortfeasor [24-A M.R.S.A. § 2910-A].  PIP - No subrogation allowed and/or no such coverage available.

Liability of Parents (MAINE)

$800 for willful or maliciously acts [14 M.R.S.A. § 304].  An owner who knowingly permits a minor to operate a vehicle is jointly and severally liable with that minor for damages caused [29-A M.R.S.A. § 1651]

 

Joint Liability (MAINE)

Joint and several liability (Plaintiff may recover all damages from any Defendant regardless of Defendant’s individual share of liability) [14 M.R.S.A. § 156]

 

Independent Cause of Action for Intentional or Negligent Evidence Spoliation (MAINE)

Maine does not recognize a cause of action for spoliation of evidence [Gagne v. D.E. Jonsen, Inc., 298 F.Supp.2d 145 (D. Me. 2003)]

 

 

 

Conflicts of Law (MAINE)

When choice-of-law issue arises as to issue in tort or issue of contract, the law is applied of the state which had the most significant “contacts and relationships” to the parties, transaction, or occurrence, or most significant governmental interests [Holbrook v. Andersen Corp., 756 F. Supp. 34 (D. Me. 1991)].