Negligence in Maine
State-specific overview · Tort Law
Maine applies pure comparative negligence, permitting recovery proportional to defendant's fault regardless of plaintiff's negligence percentage.
How Maine treats Negligence
Maine allows plaintiffs to recover damages reduced by their own percentage of negligence, even if the plaintiff bears primary responsibility for the injury. The state recognizes the traditional negligence elements and requires proof by preponderance of the evidence. Maine courts have held that negligence includes both affirmative acts and failure to act when there is a duty to do so. The state permits juries to consider comparative negligence in determining both liability and damages.
The general definition of Negligence
Failure to exercise reasonable care that results in harm to another person.
Negligence is a legal concept in civil law (not criminal) that holds people responsible for careless behavior. To prove negligence, you must show four things: the defendant had a duty to be careful, they breached that duty, their breach caused your injury, and you suffered actual damages. Negligence doesn't require intent to harm—it's about failing to act as a reasonably careful person would in similar circumstances. Victims of negligence can sue for compensation to cover medical bills, lost wages, and pain and suffering.
Read the full 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.