Earlier this month, an appellate court in Maine dismissed a premises liability case against a city government because the plaintiff failed to notify the government being sued within 180 days of his injury. In the case, Deschenes v. City of Sanford, the court determined that the plaintiff’s verbal notification that he was going to file the lawsuit was not sufficient to meet the requirements of the state’s Tort Claims Act.
The plaintiff was visiting city hall to obtain a copy of his daughter’s birth certificate when he tripped on some raised tread and fell down the stairs. After falling down the stairs, he slid into a set of glass doors and was injured as a result. City employees at the scene provided the man with some basic medical care until the ambulance arrived and could take him to the hospital. Upon arrival, it was discovered that he had not suffered serious or life-threatening injuries, although he did have a few “abrasions.”
The plaintiff did nothing for the first 177 days following the accident. However, on the 178th day, he again went to city hall, this time to inform the government that he would be filing a lawsuit against them for failing to maintain safe premises. However, when he arrived, all the doors were closed. He was able to speak with one employee, and he informed that employee that he would be filing a personal injury lawsuit. A few weeks later, the city received formal notice that the plaintiff had filed a lawsuit.