Covid-19 Tolling of Statutes of Limitations in Maine

Statutes of limitations have not been tolled in the State of Maine. The governor and the courts have remained silent on the issue of tolling the statute of limitations during the Covid-19 pandemic.

Statute of Limitations for Maine

Each state sets restrictions that dictate a set length of time for a plaintiff to bring their case to court. These restrictions are called statutes of limitations and are in place to keep details of the events fresh in the minds of both the plaintiff and defendant. The clock on these statutes of limitations begins on the day the questionable act occurred. In Maine, the statute of limitations is 6 years.

If you aren’t sure if your case falls within Maine’s statute of limitations, you can contact an attorney from Parker Waichman LLP for a free consultation to discuss your legal questions. The skilled legal minds at our firm have years of experience across different specialties of law can help you determine if you are entitled to compensation.

What is the Statute of Limitations in Maine?

The average statute of limitations in Maine for civil crimes is 6 years. However, in the case of assault, battery, or false imprisonment, the statute of limitations is lowered to 2 years.

Statute of Repose

Construction: 10 Years after “substantial completion” of the project or services rendered, but no more than 4 Years after discovery of malpractice or negligence of architect or engineer. 14 M.R.S.A. §752-A.

Products: None.

Maine Statute of Limitations for Personal Injury and Negligence

6 Years – All civil actions shall be commenced within 6 years after the cause of action accrues and not afterwards, except actions on a judgment or decree of any court of record of the United States, or of any state, or of a justice of the peace in this State, and except as otherwise specially provided. Me. Rev. Stat. Tit. 14, § 752

This means that the Maine personal injury statute of limitations begins on the day the questionable act occurred and lasts for 6 years. The court has the ability to allow a case to be brought to their attention outside of the time limit if another court already passed judgment on the case beforehand.

Toxic Tort

6 Years – All civil actions shall be commenced within 6 years after the cause of action accrues and not afterwards, except actions on a judgment or decree of any court of record of the United States, or of any state, or of a justice of the peace in this State, and except as otherwise specially provided. Me. Rev. Stat. tit. 14, § 752

The general test for determining when a cause of action accrues is when a plaintiff receives a judicially recognizable injury. The Maine Supreme Court has limited the application of the discovery rule to three discrete areas: legal malpractice, foreign object and negligent diagnosis medical malpractice, and asbestosis. Johnston v. Dow & Colombe, Inc., 686 A.2d. 1064, 1066 (Me. 1996) (citing Bozzuto v. Ouellette, 408 A.3d 697, 699 (Me. 1979)).

Wrongful Death

2 Years – An action under this section must be commenced within 2 years after the decedent’s death. If a claim under this section is settled without an action having been commenced, the amount paid in settlement must be distributed as provided in this subsection. A settlement on behalf of minor children is not valid unless approved by the court, as provided in Title 14, section 1605. Me. Rev. Stat. tit. 18-A, § 2-804

Medical Malpractice

3 Years – Except as provided in section 2902-B, actions for professional negligence must be commenced within 3 years after the cause of action accrues. For the purposes of this section, a cause of action accrues on the date of the act or omission giving rise to the injury. Notwithstanding the provisions of Title 14, section 853, relating to minority, actions for professional negligence by a minor must be commenced within 6 years after the cause of action accrues or within 3 years after the minor reaches the age of majority, whichever first occurs. 24 Me. Rev. Stat. § 2902

Under Maine law, a cause of action for medical malpractice accrues on the date of the act or omission giving rise to the injury.  Lucas v. D’Angelo, 37 F.Supp.2d 45 (D. Me. 1999).

Patient’s claim against oral surgeons for failing to warn of the dangers of implant inserted to relieve jawbone malfunctions accrued, and three year statute of limitations for professional negligence began to run, when oral surgeons sent such patient a letter that advised patient of a safety alert from the Food and Drug Administration (FDA) regarding possible dangers associated with the implants.  Farnum v. Oral Surgery Associates (2007) Me., 933 A.2d 1267.

Products Liability

6 Years

All civil actions shall be commenced within 6 years after the cause of action accrues and not afterwards, except actions on a judgment or decree of any court of record of the United States, or of any state, or of a justice of the peace in this State, and except as otherwise specially provided. Me. Rev. Stat. tit. 14, § 752

Discovery:

The Maine Supreme Court has limited the application of the discovery rule to three discrete areas: legal malpractice, foreign object and negligent diagnosis medical malpractice, and asbestosis. The question will become whether we can prove that this is a foreign object; otherwise no discovery. Johnston v. Dow & Colombe, Inc., 686 A.2d. 1064, 1066 (Me. 1996) (citing Bozzuto v. Ouellette, 408 A.3d 697, 699 (Me. 1979)).

Courts will look to the following four factors to determine whether the discovery rule should apply. (1) the nature of the relationship between the plaintiff and the defendant; (2) the magnitude of the loss or harm; (3) the plaintiff’s inability to discover that he had been wronged within the applicable limitations period; and to a lesser degree, (4) the existence of corroborating evidence. McAfee v. Cole, 637 A.2d 463 (Me. 1994).

Fraud

6 Years – If a person, liable to any action mentioned, fraudulently conceals the cause thereof from the person entitled thereto, or if a fraud is committed which entitles any person to an action, the action may be commenced at any time within 6 years after the person entitled thereto discovers that he has just cause of action, except as provided in section 3580. [1985, c. 641, §1 (AMD).] 14 Me. Rev. Stat. § 859.

Genuine issue of material fact as to whether, during three-year period following operation for implantation of defective devices to relieve malfunctions of jawbone’s temporomandibular joints, defendant oral surgeons engaged in conduct that a fact finder might conclude amounted to fraudulent concealment precluded summary judgment for oral surgeons in patients’ negligence action.  Brawn v. Oral Surgery Associates, 819 A.2d 1014 (Me. 2003).

Municipal Liability/Sovereign Immunity

2 Years – Infant has 2 years from injury and minor has 2 years from reaching majority. Notice of claim to be filed within 180 days unless claimant is a minor in which case it is 180 days from reaching majority.

Discovery Rule

Statute of limitations for Maine runs from when injury is, or should have been, discovered.

Comparative Negligence

Modified comparative negligence rule: Plaintiff can recover only if his/her percentage of fault is less than that of defendant.

Charitable Immunity

Applies unless charity is insured and then liability is limited to amount of insurance.

Disabilities

Statutes of limitations in Maine run from removal of disability. Infants (18th birthday).

Punitive Damages

Allowed if defendant acts with actual malice Caps: None

No-Fault Insurance

None

Other Relevant Information

6 years for general statutes of limitations in Maine. 4 years: Malpractice or proof of negligence of architects or engineers with Discovery Rule of 4 years and a maximum of 10 years. 2 years: Actions against ski areas or tramway owners or operators. 2 years: Actions against dram shops.

Can You Sue The State of Maine?

Yes, you can sue the state of Maine, but a lawsuit cannot be your first step. If you want to successfully sue Maine, state law dictates you must first go through the proper administrative complaint process, and if nothing comes of it then you are able to sue in civil court.

Consumer Fraud Complaint

Maine Office of the Attorney General, Consumer and Antitrust Division
https://www.maine.gov/ag/consumer/complaints/index.shtml

Consumer Line: (800) 436-2131