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Negligence / Personal Injury
6 Years6 Years with Discovery Rule
Products Liability
6 Years6 Years with Discovery Rule
Wrongful Death
2 Years2 Years
Medical Malpractice
3 years with Discovery Rule. Minors must file claim within 6 years after cause of action or 3 years after minor reaches age of majority. 3 years for personal injury or death in medical malpractice.
Requires written notice of claim on defendant. SOL tolled from date upon which notice of claim filed until 30 days after claimant receives notice of findings by malpractice panel.
Intentional Torts
2 Years2 Years
Other Statutes of Limitations
6 years
4 years: Malpractice or proof of negligence of architects or engineers with Discovery Rule of 4 years and a maximum of 10 years.
2 years: Actions against ski areas or tramway owners or operators.
2 years: Actions against dram shops.
Fraud of Defendant
If person liable fraudulently conceals injury, or if fraud is committed which entitles any person to sue, action may be commenced at any time within 6 years after plaintiff discovers he has a cause of action.
Discovery Rule
SOL runs from when injury is, or should have been, discovered.
Disabilities
SOL runs from removal of disability. Infants (18th birthday).
Charitable Immunity
Applies unless charity is insured and then liability is limited to amount of insurance.
Comparative Negligence
Modified comparative negligence rule: Plaintiff can recover only if his/her percentage of fault is less than that of defendant.
Municipalities
2 Years2 years. Infant has 2 years from injury and minor has 2 years from reaching majority. Notice of claim to be filed within 180 days unless claimant is a minor in which case it is 180 days from reaching majority.
Sovereign Immunity
Removed for certain tort claims. Damages limited to $400,000 per occurrence.
Punitive Damages
Allowed if defendant acts with actual malice
Caps: None
Consumer Fraud Complaint
Maine Office of the Attorney General, Consumer and Antitrust Division
(207)626-8849 |
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