Negligence in Maine
Last checked Aug 15, 2026 · LawyerUnc editorial. Educational only, not legal advice.
Elements
1
Duty
The defendant owed the plaintiff a legal duty of reasonable care in the circumstances.
2
Breach
The defendant failed to meet that standard, they did something a reasonably careful person would not, or failed to do something they would.
3
Causation
The breach was a factual and legal (proximate) cause of the harm. Foreseeability matters.
4
Damages
The plaintiff suffered actual harm, medical bills, lost wages, pain, property loss.
Burden of proof
Preponderance of the evidence, more likely than not.
A Maine fact pattern
Negligence in maine.
Statute of limitations
6 years
14 M.R.S. § 752
Six years from when the cause of action accrues. That number is long. Do not treat it as a reason to wait.
- A governmental entity under the Maine Tort Claims Act generally needs a notice within 180 days (14 M.R.S. § 8107). Miss it, and the six-year story does not save the file.