Individual States 

MAINE

ASSUMPTION OF RISK

Assumption of risk is a defense in strict liability cases that will bar recovery, but is not available in negligence actions.

Johnson v. Chrysler Corp., 187 F.R.D. 440 (D.Me., 1999) .

CAPS ON NONECONOMIC DAMAGES

In an action for wrongful death, non-economic damages shall not exceed $400,000. Me. Rev. Stat. Ann. tit. 18-A, §2-804(B) .

COLLATERAL SOURCE RULE

The introduction of evidence of collateral source payments is allowed after verdict, but prior to judgment; it is not applicable to federal benefit programs or life insurance policy benefits. Me. Rev. Stat. Ann. tit. 24 §2906 .

COMPARATIVE FAULT

A claimant is not barred from recovery, but damages are reduced by the jury. If claimant is equally at fault, the claimant shall not recover. Me. Rev. Stat. Ann. tit. 14, §156

Maine's comparative fault statute does not apply if defendant is liable for an intentional tort. McLain v. Training & Development Corp., 572 A.2d 494 (Me. 1990) .

ECONOMIC LOSS

Tort recovery is not permitted for a defective product's damage to itself. However, recovery is permitted for personal injuries and physical damage to property other than the defective product. Oceanside at Pine Point Condo. Owners Assoc. v. Peachtree Doors, Inc., 659 A.2d 267 (Me. 1995) .

JOINT & SEVERAL LIABILITY

Maine still has joint and several liability, but the defendant has the right to request the percentage of fault contributed by each defendant from the jury. Me. Rev. Stat. Ann. tit. 14, §156 .

PUNITIVE DAMAGES

May be awarded where it is proven by "clear and convincing" evidence that defendant's conduct was malicious. Tuttle v. Raymond, 494 A.2d 1353 (Me. 1985) .

In an action for wrongful death, punitive damages shall not exceed $75,000. Me. Rev. Stat. Ann. tit. 18a, §2-804 .

RIGHT TO CONTRIBUTION

There is an enforceable right of contribution among joint tortfeasors. Bedell v. Reagan, 192 A.2d 24 (Me. 1963) .

Contribution among joint tortfeasors shall be in proportion to their causal fault. Packard v. Whitten, 274 A.2d 169 (Me. 1971) .

SPECIAL DEFENSES

If a substantial change is made in a product, and that change proximately causes the accident, the manufacturer is only relieved if the change was unforeseeable. Marois v. Paper Converting Mach. Co., 539 A.2d 621 (Me. 1988) .

STATUTES OF LIMITATION

Claims based on strict liability, negligence and breach of warranty for personal injury shall be brought within six years. Me. Rev. Stat. Ann. tit. 14, §752 .

Claims for wrongful death actions shall be brought within two years. Me. Rev. Stat. Ann. tit. 18-A, §2-804(B) .

Claims based on breach of warranty for injury to property must be brought within four years. Me. Rev. Stat. Ann. tit. 11, §2-725(2) .

STATUTES OF REPOSE

There is no statute of repose for product liability actions in Maine.

STRUCTURED SETTLEMENT

There are no exclusive Products Liability statutes under this category.