Skip to content
MyClaimWorth
ME
★ Maine · fracture

Fracture settlements
in Maine.

By 9 min read

Who controls the property decides many Maine fall cases. A grandmother who fell off a stair landing lost her claim against the landlords because the tenants, not the owners, were responsible, and a fall at a state prison failed on immunity.

Facts that decide a fracture claim in Maine

Landlord versus tenantA landlord who has handed control of a rented house to tenants generally owes no duty to the tenants’ guests for conditions inside, absent a repair promise or similar exception.Boles v. White (Me. 2021)
Public building exceptionThe State is immune for falls unless the place is a public building or its appurtenance; an outdoor paved area at a prison was neither.Rinaldi v. Maine Correctional Center (Me. 2025)
Claims against public bodiesNotice within 365 days; damages capped at $400,000 per occurrence, and public entities are immune unless a statutory exception applies.14 M.R.S. §§ 8107, 8105, in the MyClaimWorth notice of claim chart
Deadline to sueSix years: “All civil actions shall be commenced within 6 years after the cause of action accrues,” one of the longest general deadlines in the country.14 M.R.S. § 752
Fault ruleDamages are reduced by the claimant’s share of responsibility, and “if such claimant is found by the jury to be equally at fault, the claimant may not recover.”14 M.R.S. § 156
★ band · US federal frame
$15,000 to $80,000
Wrist or arm fracture
Settlement aggregates

The US band is the starting point. Maine's fault rule and any applicable cap then adjust the figure.

united states · sister site
Your fracture claim in Maine. See the number for your own case.

The range above is a starting point. FairSettlement gives you a free estimate for your own fracture case in about two minutes, no cost and no obligation.

Check my case
★ ME · reported fracture outcomes

What Maine courts have awarded.

Real Maine decisions and verdicts, each linked to the court record or official report.

  • Boles v. White
    Maine Supreme Judicial Court · 2021
    Summary judgment for landlords affirmed

    Cecelia Boles was babysitting at a house her daughter rented. On her first trip down the stairs at 5 a.m. she fell stepping off the landing, whose step was eleven inches high, taller than the others and not up to the building code. She sued the owners, but the Court held the tenants controlled the house and the landlords owed her no duty.

  • Rinaldi v. Maine Correctional Center
    Maine Supreme Judicial Court · 2025
    State immunity upheld; trial ruling reversed

    Josh Rinaldi was injured in a fall at the Maine Correctional Center. The trial court held the State was not immune, but the Court concluded the paved outdoor area where he fell was not an appurtenance to a public building, so the Tort Claims Act exception did not apply.

★ ME · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in Maine.

  1. 1

    Sue the party in control. Boles lost because her claim targeted the owners rather than the tenants who controlled the house; a building code violation alone did not create a duty for the landlord.

  2. 2

    Public falls are narrow claims. Rinaldi shows that even a fall on government property is barred unless it fits a specific exception such as a public building.

  3. 3

    Fracture claims against private parties have six years, but claims against public bodies need notice within 365 days and face a $400,000 cap.

  4. 4

    Code violations help but do not decide duty. The landing step in Boles was taller than the rest and broke the building code, yet the landlords still owed no duty because they had handed over control.

★ ME · statute of limitations
6 years for personal injury, longest in the US

14 M.R.S. § 752

★ ME · fault rule
Modified comparative, 50% bar

Modified comparative, recovery barred at 50% claimant fault.

★ ME · caps

What caps recovery.

Statutory caps that may bear on a fracture settlement in Maine.

★ fracture · same region & fault regime

Compare to like jurisdictions.

How Maine's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for fracture claims.

JurisdictionFault ruleLimitationFracture page
Maine · you are hereModified comparative, 50% bar6 years for personal injury, longest in the US—
MarylandPure contributory negligence3 years from date of injuryMD · fracture →
MassachusettsModified comparative, 51% bar3 years from date of injuryMA · fracture →
New HampshireModified comparative, 51% bar3 years from date of injuryNH · fracture →
New JerseyModified comparative, 51% bar2 years from date of injuryNJ · fracture →
New YorkPure comparative negligence3 years for personal injury; 2 years 6 months for medical malpracticeNY · fracture →
PennsylvaniaModified comparative, 51% bar2 years from date of injuryPA · fracture →
NebraskaModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeNE · fracture →
North DakotaModified comparative, 50% bar6 years for personal injury; 2 years for medical malpracticeND · fracture →
TennesseeModified comparative, 50% bar1 year from date of injury, among the shortest in the USTN · fracture →
UtahModified comparative, 50% bar4 years for personal injury; 2 years for medical malpracticeUT · fracture →
MichiganModified comparative, 51% bar3 years from date of injuryMI · fracture →
MinnesotaModified comparative, 51% bar6 years for personal injury (uncommonly long); 4 years for medical malpracticeMN · fracture →
★ ME · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Sources

Checked 2026-09-28. Every figure on this page comes from one of these documents.

★ all of ME
Maine overview

Fault rule, statute, caps, and key facts for Maine as a whole.

★ federal frame
Fracture in United States

Fracture band structure and severity tiers at the US level.

★ all 15 countries
Fracture · everywhere

Cross-jurisdiction comparison of fracture bands.

★ editorial note

Figures on this page are starting points: the US band adjusted for Maine's statutory framework. They are not quotes for any specific case. For representation, consult an attorney admitted in Maine. See /methodology, /sources, and /disclaimer.