How does a contractor defend against a claim of negligence?

In Maine, a contractor who believes they have been sued for negligence has the right to mount a defense against the claim. To do so, the contractor must show that they did not act with negligence or that any negligence they may have committed did not cause the injury. To defend against a claim of negligence the contractor can present evidence to show that they met applicable industry standards and/or the expectations of the client. For example, the contractor may have constructed a building according to accepted building standards and codes, which may be sufficient to show that they did not act negligently. The contractor may also argue that any damages caused were not a result of their negligence. The contractor might provide evidence that the damages were caused by external factors beyond their control, such as a weather-related event or a defective product. The contractor might also assert that the injured party was partially to blame for the injury, for example, if the injured party failed to follow safety instructions. In this situation, the contractor might argue that the injury was caused by a combination of their negligence and the injured party’s own negligence. Finally, the contractor might assert that they did not have a duty of care to the injured party in the first place. As such, they could not have acted negligently in relation to the injured party’s injury. No matter which defense is presented, the contractor must be able to demonstrate that their actions were in line with accepted industry standards and/or the expectations of the client. If a contractor can show that they acted reasonably and responsibly, then they should be able to defend themselves against a claim of negligence.

How does a contractor defend against a claim of negligence?

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