Maine Revised Statutes Title 14 Sec. 156 – Comparative negligence
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When any person suffers death or damage as a result partly of that person’s own fault and partly of the fault of any other person or persons, a claim in respect of that death or damage may not be defeated by reason of the fault of the person suffering the damage, but the damages recoverable in respect thereof must be reduced to such extent as the jury thinks just and equitable having regard to the claimant’s share in the responsibility for the damage. [PL 1999, c. 633, §1 (AMD); PL 1999, c. 633, §3 (AFF).]
When damages are recoverable by any person by virtue of this section, subject to such reduction as is mentioned, the court shall instruct the jury to find and record the total damages that would have been recoverable if the claimant had not been at fault, and further instruct the jury to reduce the total damages by dollars and cents, and not by percentage, to the extent considered just and equitable, having regard to the claimant’s share in the responsibility for the damages, and instruct the jury to return both amounts with the knowledge that the lesser figure is the final verdict in the case. [PL 1999, c. 633, §1 (AMD); PL 1999, c. 633, §3 (AFF).]
Fault means negligence, breach of statutory duty or other act or omission that gives rise to a liability in tort or would, apart from this section, give rise to the defense of contributory negligence. [PL 1999, c. 633, §1 (AMD); PL 1999, c. 633, §3 (AFF).]
If such claimant is found by the jury to be equally at fault, the claimant may not recover. [PL 1999, c. 633, §1 (AMD); PL 1999, c. 633, §3 (AFF).]
In a case involving multiparty defendants, each defendant is jointly and severally liable to the plaintiff for the full amount of the plaintiff’s damages. However, any defendant has the right through the use of special interrogatories to request of the jury the percentage of fault contributed by each defendant. If a defendant is released by the plaintiff under an agreement that precludes the plaintiff from collecting against remaining parties that portion of any damages attributable to the released defendant’s share of responsibility, then the following rules apply. [PL 1999, c. 633, §1 (AMD); PL 1999, c. 633, §3 (AFF).]
1. General rule. The released defendant is entitled to be dismissed with prejudice from the case. The dismissal bars all related claims for contribution assertable by remaining parties against the released defendant.
[PL 1999, c. 633, §1 (NEW); PL 1999, c. 633, §3 (AFF).]
Terms Used In Maine Revised Statutes Title 14 Sec. 156
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Verdict: The decision of a petit jury or a judge.
2. Post-dismissal procedures. The trial court must preserve for the remaining parties a fair opportunity to adjudicate the liability of the released and dismissed defendant. Remaining parties may conduct discovery against a released and dismissed defendant and invoke evidentiary rules at trial as if the released and dismissed defendant were still a party.
[PL 1999, c. 633, §1 (NEW); PL 1999, c. 633, §3 (AFF).]
3. Binding effect. To apportion responsibility in the pending action for claims that were included in the settlement and presented at trial, a finding on the issue of the released and dismissed defendant’s liability binds all parties to the suit, but such a finding has no binding effect in other actions relating to other damage claims.
[PL 1999, c. 633, §1 (NEW); PL 1999, c. 633, §3 (AFF).]
SECTION HISTORY
PL 1965, c. 383 (NEW). PL 1965, c. 424 (NEW). PL 1965, c. 513, §27 (RP). PL 1969, c. 399, §§1,2 (AMD). PL 1971, c. 8 (AMD). PL 1999, c. 633, §1 (AMD). PL 1999, c. 633, §3 (AFF).