Maine's rule: barred at equal fault
Under 14 M.R.S. § 156, "if such claimant is found by the jury to be equally at fault, the claimant may not recover." This makes Maine a 50% bar state: a claimant whose fault is found to equal 50% is barred entirely, not just a claimant whose fault exceeds 50%. Legislative attempts in recent years to soften this to a true 51% "greater than" standard did not become law — the original equal-fault bar remains in effect.
A genuinely distinctive wrinkle: "just and equitable," not a strict formula
Here's where Maine stands apart from nearly every other state on this site. Rather than directing a strict, mechanical percentage reduction, § 156 tells the jury to reduce damages "to such extent as the jury thinks just and equitable having regard to the claimant's share in the responsibility for the damage." In practice, this gives a Maine jury real discretion in how it applies a claimant's share of fault to the final damages figure, rather than a rigid, dollar-for-dollar percentage cut. Some attorneys describe this as Maine's "informed judgment" approach.
What our estimate assumes
Because an actual Maine jury verdict can reflect more than a pure mathematical formula, the number above is a straightforward proportional estimate, useful as a starting reference point — not a guarantee of how a Maine jury would apply its own judgment to the same facts.
Joint and several liability: still intact in Maine
Unlike a number of states that have abolished or limited joint and several liability among multiple defendants, Maine retains it. This means that when more than one defendant is found liable, a claimant may potentially recover the full judgment from any single defendant, regardless of that defendant's individual share of the fault, leaving it to the defendants to sort out contribution among themselves.
Who decides the percentage
The jury determines fault, and any defendant has the right to request, through special interrogatories, that the jury specify the percentage of fault contributed by each defendant individually — relevant in a case involving more than one at-fault party.