School Bus Laws
Watch this if you want to be schooled on the consequences of passing a stopped school bus!
Concussions in High School Sports
In High School Sports Use Your Head- Safely!
Texting and Driving
Want to text and drive? Get your wallet ready!
Tom Brady's Court Case
This may have been a story only a few of you have heard of but there is an important lesson to be learned from the Tom Brady's Case.
JWLawfirm Intro- Car Crash
This video is intro to series about car crash law
We hope that you never drink and drive, but if you do make sure to contact us to get the legal help that you need.
Below is a file with the specific legal penalties for an OUI conviction:
Answer to last weeks Trivia Question: .04
The Consequences of Drinking and Driving
Smoke Detector Laws
I'm not blowing smoke, if you're living in an apartment make sure your landlord has installed a smoke detector!
Maine State Smoke Detector Laws:
All apartments must have working smoke and carbon monoxide alarms in or near bedrooms. Any carbon monoxide alarm in an apartment that needs to be replaced after January 1, 2016 must be replaced with an alarm that runs on electricity with a battery backup or on a single-use battery that will last for 10 years. In apartment buildings with more than three stories, all hallways must have smoke alarms. All new smoke alarms put in after October 2009 must plug into the wall and have a battery backup. Landlords may be fined up to $500 for each violation of these rules.
Bicyclists are people too!
Maine Motor Vehicle Laws Related to Biking:
Motorists must give at least three feet of clearance when passing bicyclists.
Motorists who are passing bicyclists proceeding in the same direction may not make a right turn unless they can do so with reasonable safety.
Motorists may cross the centerline in a no-passing zone in order to pass a bicyclist if it is safe to do so.
Motorists should not unnecessarily sound a horn. Honking your horn when approaching a bicyclist could startle them and cause a crash. Maine law states "a person may not unnecessarily sound a signaling device or horn". (Title 29A, Chapter 17, Section 1903)
Motorists may open car doors only after checking to see that it can be done safely, without interfering with traffic.
Statute of Limitations
The first question you should ask your lawyer when bringing a case is...
Below is the statute of limitations for medical malpractice and tort cases in Maine:
Three Years: Doctors--a very powerful group in Maine--have a much better deal on the Statute of Limitations. The Statute of Limitations for medical malpractice cases in Maine is three years from the date of the alleged act of negligence. If a Maine doctor negligently fails to diagnose your cancer because he or she misread your x-ray, or test result, or even if they simply didn’t look at your test at all- well, you only have three years from the date of the negligent act to file a claim for the harm you suffered.
Two Years: A two-year limitation exists for certain intentional torts such as assault and battery, libel and slander and false imprisonment. Negligence actions against ski areas or tubing parks also must be filed within two years. A lawsuit for money damages because of a loved one’s wrongful death must be brought within two years of the date of death (except if a doctor, hospital or other medical provider who caused the death through medical malpractice, in which case a three year limitations to file a claim applies as described above).
If you get misled when signing a contract we can help
Maine Unfair Trade Practices Act:
The Maine Unfair Trade Practices Act (UTPA)is a consumer’s basic remedy against any unfair or deceptive trade practices by a business. Consumers can bring their own private UTPA actions for relief in either Small Claims Court, District Court, or Superior Court. To do so, a consumer must prove both (1) a “ loss of money or property” as the result of a violation of the UTPA, and (2) the transaction must primarily involve a personal, family, or household purpose. If a consumer cannot prove a specific loss of money or property, then UTPA remedies are not available.If a consumer brings a successful UTPA suit, he or she can receive the legal remedy of damages, or the equitable remedies of an injunction, restitution, and other equitable relief6 as may be necessary. Finally, if the court finds a UTPA violation it will award reasonable attorney fees.
Food Poisoning is a serious ailment, but if you want to get some sort of legal compensation you must act quickly!
Proving Your Claim:
Proving your claim is often the greatest challenge in food poisoning cases. Generally speaking, you will have to prove two things in order to win your lawsuit:
The food you ate was contaminated.
You will have to pinpoint the particular food product that made you sick. If there is a time delay -- which is quite common -- between eating the contaminated food and coming down with symptoms of food poisoning, it may be difficult to determine specifically what it was that made you sick, unless many others were also made ill by eating the same food product.
The contamination made you sick.
You will also need to prove that your illness was caused by the contaminated food. The best way to do this is to have a stool sample scientifically tested for food poisoning. If you can show that your stool sample contained the same disease-causing microbes that were found in the contaminated food source, you will greatly strengthen your claim.
Mold and Radon
Mold on your blue cheese is a good thing, mold on your property though, is a different story.
Any house can have a radon problem. It doesn’t matter if it’s old or new, or where it’s located.
If you are buying a house, you have the right to ask for radon air and well water tests as part of a purchase agreement.
If you are selling a house, it’s wise to expect these requests. When a house is being sold, if a radon test is done, Maine law requires testing to be done by a registered radon tester. This helps
assure that the test is done right
Driving in the Winter
The roads may get slick in the winter but that doesn't give you an excuse to slip past legal consequences!
Winter driving has its own special hazards which call for extra driving skills. On slippery roads, the important points to safe driving are slower speeds, gentler stops and turns, and increased following distances.
Make sure the only thing your mailbox does this winter is collect mail, not an unfortunate casualty of a snowplow!
Halloween should be a fun night of trick or treating, but there are some dangers you should be aware of.
Halloween Part 2
All kids want on Halloween is candy and so all you should do is give them candy.
The boy scouts have "Two Deep Policy" which is good guideline to follow when trick or treating: Always have two parents supervising the kids as they go to stragers doors.
If you're not careful shoveling can be a literal pain in the back!
Snow days are great until you're still in school on a 90 degree day in the middle of June.
Everyone likes their coffee hot, but you should realize that accidents can very easily happen with cups of steaming hot coffee
Liebeck v. McDonald's Restaurants, also known as the McDonald's coffee case and the hot coffee lawsuit, was a 1994 product liability lawsuit that became a flashpoint in the debate in the United States over tort reform. A New Mexicocivil jury awarded $2.86 million to plaintiff Stella Liebeck, a 79-year-old woman who suffered third-degree burns in her pelvic region when she accidentally spilled hot coffee in her lap after purchasing it from a McDonald's restaurant. Liebeck was hospitalized for eight days while she underwent skin grafting, followed by two years of medical treatment.
Make sure you know Maine's Lemon Law, so when buying a car you aren't left with a sour taste in your mouth!
Under the Maine Automobile Lemon Law, if the consumer reports serious defects to the dealer or manufacturer during the express warranty period, within three years of the date of delivery or during the first $18,000 miles of operation (whichever is earlier), the Lemon Law requires the manufacturer to make the necessary repairs. If the manufacturer cannot fix the car, then the consumer has the right to argue the case before a State Arbitrator, free of charge. This hearing must come within 45 days of acceptance of the Lemon Law application and if the Arbitrator concludes that the car is indeed a Lemon, the consumer can receive either a new vehicle or the return of the purchase price.
Make sure you get fully compensated for manufacturing issues with your new car!
Heating Oil Cleanup
A careless job of delivering oil by the oil company can be damaging to your property value!
What can I expect to pay to remdiate an oil tank leak on a property?
The average cost for cleaning up a residential heating oil tank ranged $7,000 to $15,000 dollars.
In many cases, homeowners insurance will NOT pay for the remediation costs.
Make sure the storage facility that you use is living up to its name!
if the occupant is in default for a period of more than 45 days, the operator may enforce a lien by selling the property stored in the leased space at a public or private sale for cash
Maine law is changing every year and we'll make sure that you are abreast of the latest changes in law in the state of Maine.
Life Guards are becoming more and more of a rare sight at the many beaches in Maine
Even if your password is "password", you have protections against fraud!
Seperation of Church and State
We hope you all have a happy and peacful holiday season!
Credit Card Fraud
With just a little due dilligence you should be able to avoid credit card fraud
Your maximum liabilty for credit card fraud
Before any unauthorized charges are made.$0
Within 2 business days after you learn about the loss or theft.$50
More than 2 business days after you learn about the loss or theft, but less than 60 calendar days after your statement is sent to you,$500
More than 60 calendar days after your statement is sent to you.All the money taken from
your ATM/debit card acount, and possibly more; for example, money in accounts linked to your debit account
Executive Session Law
Know your rights that are protected by the Executive Session Law
Deliberations on only the following matters may be conducted during an executive session:
A. Discussion or consideration of the employment, appointment, assignment, duties, promotion, demotion, compensation, evaluation, disciplining, resignation or dismissal of an individual or group of public officials, appointees or employees of the body or agency or the investigation or hearing of charges or complaints against a person or persons subject to the following conditions:
(1) An executive session may be held only if public discussion could be reasonably expected to cause damage to the individual's reputation or the individual's right to privacy would be violated;
(2) Any person charged or investigated must be permitted to be present at an executive session if that person so desires;
(3) Any person charged or investigated may request in writing that the investigation or hearing of charges or complaints against that person be conducted in open session. A request, if made to the agency, must be honored; and
(4) Any person bringing charges, complaints or allegations of misconduct against the individual under discussion must be permitted to be present.
Underage DUI Consequences
If your idea of a good time is losing your license; big insurance costs; hefty fines, then OUI is for you!
What are the penalties?
If First Drunk Driving Conviction: imprisonment (2 days up to 30 days), fine ($500), license suspension (90 days)(more information: First Offense DUI in Maine).
If Second Drunk Driving Conviction within 5 Years: imprisonment (7 days to 6 months jail) fine ($1,000) license suspension (1 year). (More Information: Second Offense DUI in Maine.)
Consequences of Hosting Underage Drinking
If your parent or older sibling hosts a party where there is under aged drinking, they can end up in jail. Bad idea!
Adults who are charged with this violation face a Class D crime with a maximum fine of $2,000 and/or imprisonment with a maximum sentence of 364 days. If the violation involves a minor under the age of 18, then the minimum fine is $1,000. If a second violation occurs within 6 years of the first violation, then the fine is $2,000. Adults face a Class C crime if the consumption of liquor by a minor results in serious bodily injury or death to an individual.
High School Conduct Coming Back to Haunt You
Anything bad conduct by high school students will subject them to school discipline on “their record” if there is ANY connection to their school or another.
Liabilities of Social Media Misconduct
Doing bad things to people on Facebook, or Twitter is just like punching them in the nose. You can sued for A LOT of offensive things you do on line!
As people nationwide have turned to the courts for redress in bullying incidents, we have seen a variety of lawsuits and legal proceedings associated with cyberbullying, such as
• Civil causes of action for alleged torts like defamation, intentional infliction of emotional distress, negligence, premises liability, vicarious liability, and damages;
• Civil causes of action for alleged free speech, equal protection, and privacy violations;
• Student and employee discipline for harassment and violations of institutional policies and codes of conduct