Contributory Negligence in Maine
State-specific overview · Tort Law
Maine follows pure comparative negligence; you recover your proportional damages even if more than 50% at fault.
How Maine treats Contributory Negligence
Maine allows plaintiffs to recover damages reduced by their percentage of comparative negligence, with no bar based on being the majority at fault. Under Maine law, a plaintiff who is 80% responsible can still recover 20% of their damages from a defendant. Juries determine each party's percentage of negligence and apply that percentage to reduce the plaintiff's award. This rule applies in personal injury, wrongful death, and property damage cases.
The general definition of Contributory Negligence
A plaintiff's own carelessness that partially caused their injury, reducing their recovery.
When someone gets hurt, the court looks at whether the injured person also acted carelessly and contributed to their own harm. If they did, their financial award gets reduced by the percentage they're responsible for. For example, if you're hit by a car while jaywalking, you might be found 20% at fault, so your damages would be cut by that amount. This rule exists because the law thinks people should take reasonable care for their own safety too.
Read the full Contributory Negligence entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Maine.