Sidewalk and Public Property Falls in Maine
Who is responsible for a fall on a broken sidewalk in Maine, the short deadline to file a notice of claim against a city or county, and limits on damages.
Short answer: Under the Maine Tort Claims Act, a government entity (the State, a town or city, or another political subdivision) is not liable for any defect, lack of repair or lack of sufficient railing in a highway, town way, sidewalk, parking area, causeway or bridge. 14 M.R.S. §8104-A(4)
| Sidewalk falls: who is responsible | Under the Maine Tort Claims Act, a government entity (the State, a town or city, or another political subdivision) is not liable for any defect, lack of repair or lack of sufficient railing in a highway, town way, sidewalk, parking area, causeway or bridge. It can be liable for its negligence during construction, street cleaning or repair operations on those ways, including signs, traffic lights, parking meters and guardrails. The Act does not itself say whether the owner of the property next to a sidewalk is responsible for it. Any such claim is also subject to the Tort Claims Act notice, deadline and damage-cap rules (14 M.R.S. §§8105, 8107, 8110). Source: 14 M.R.S. §8104-A(4) |
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| Claims against a city or county | The Maine Tort Claims Act covers both the State and local governments. A written notice of claim must be filed within 365 days after the claim arises (later only for good cause), stating the claimant's name and address, what happened, when and where, any government employee involved, the injury, and the amount of damages claimed; for a town, city or other political subdivision it is filed with a person who could be served with a summons for that entity. The lawsuit must be started within 2 years after the claim arises. Damages, including costs, are capped at $400,000 for all claims from a single occurrence. §8110: https://legislature.maine.gov/statutes/14/title14sec8110.html ; §8105: https://legislature.maine.gov/statutes/14/title14sec8105.html . Minors may give notice within 365 days after turning 18 and sue within 2 years after turning 18. Source: 14 M.R.S. §§8107, 8110, 8105(1) |
| Suing the government | Under the Maine Tort Claims Act, a written notice of claim must be filed within 365 days after the claim accrues (later only for good cause), with the state agency involved and the Attorney General for state claims, or with an appropriate official for a town, city or other political subdivision. The notice must include the claimant's name and address, the facts of the incident, the injury and the amount claimed. A lawsuit must be filed within 2 years after the claim accrues. Total damages, including costs, are capped at $400,000 for all claims arising from a single occurrence, and punitive damages are not allowed. Damages cap: https://legislature.maine.gov/statutes/14/title14sec8105.html ; 2-year deadline: https://legislature.maine.gov/statutes/14/title14sec8110.html Source: 14 M.R.S. §§ 8105, 8107, 8110 |
| Deadline to sue for an injury | Six years. Maine's general rule is that civil actions must be filed within 6 years after the cause of action accrues, unless another statute sets a different period. Personal injury claims fall under this general rule. Some injury claims have shorter special deadlines, such as medical malpractice (3 years), wrongful death (3 years) and claims against governmental entities (2 years). Source: 14 M.R.S. § 752 |
More Maine personal injury & wrongful death
- Deadlines to File an Injury Lawsuit in Maine
- Wrongful Death Lawsuits in Maine
- Medical Malpractice Rules in Maine
- Car Accident Claims in Maine
- Dog Bite Liability in Maine
- Motorcycle Accident Claims in Maine
- Pedestrian Accident Claims in Maine
- Bicycle Accident Claims in Maine
- Uber and Lyft Accident Claims in Maine
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FAQ
Who is liable if you trip and fall on a sidewalk in Maine?
Under the Maine Tort Claims Act, a government entity (the State, a town or city, or another political subdivision) is not liable for any defect, lack of repair or lack of sufficient railing in a highway, town way, sidewalk, parking area, causeway or bridge. It can be liable for its negligence during construction, street cleaning or repair operations on those ways, including signs, traffic lights, parking meters and guardrails. The Act does not itself say whether the owner of the property next to a sidewalk is responsible for it.
How long do you have to file a claim against a city or county in Maine?
The Maine Tort Claims Act covers both the State and local governments. A written notice of claim must be filed within 365 days after the claim arises (later only for good cause), stating the claimant's name and address, what happened, when and where, any government employee involved, the injury, and the amount of damages claimed; for a town, city or other political subdivision it is filed with a person who could be served with a summons for that entity. The lawsuit must be started within 2 years after the claim arises. Damages, including costs, are capped at $400,000 for all claims from a single occurrence.
How do you file an injury claim against the government in Maine?
Under the Maine Tort Claims Act, a written notice of claim must be filed within 365 days after the claim accrues (later only for good cause), with the state agency involved and the Attorney General for state claims, or with an appropriate official for a town, city or other political subdivision. The notice must include the claimant's name and address, the facts of the incident, the injury and the amount claimed. A lawsuit must be filed within 2 years after the claim accrues. Total damages, including costs, are capped at $400,000 for all claims arising from a single occurrence, and punitive damages are not allowed.
What is the statute of limitations for personal injury in Maine?
Six years. Maine's general rule is that civil actions must be filed within 6 years after the cause of action accrues, unless another statute sets a different period. Personal injury claims fall under this general rule.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.