On Christmas Eve, while walking on the sidewalk between the Shipyard Brewery and the Marriott Hotel with my husband and dog, my left foot met a rather large divot and crack in that sidewalk and I ended up on the ground with scraped palms, a cut on my right knee and a fractured left fibula. That particular section of sidewalk was unlit and uneven as well. There were no warning signs.
As a result, I missed Christmas morning with my children and grandson and met up with them later in the day with a cast on my leg and crutches under my arms. I have since had surgery to install a screw in my ankle and will be in a non-walking boot until mid-February.
After consulting with four different personal injury attorneys, it was made clear to me that Portland has no responsibility to maintain its sidewalks and if you get injured walking on one, well, that’s just too bad. Read the Maine Tort Claims Act, Section 8104-A, under the heading “(4) Road construction, street cleaning or repair.”
I am invested in Portland, own a home here and my daughter and son-in-law own a business here. It seems wrong to me that with all the new construction being done in the Old Port to attract business and tourists, nothing is being done to keep the sidewalks in safe, working order and there is no incentive to do so. Immunity from negligence! People, when walking on Portland’s sidewalks, keep your head down.
Theresa Sheahan
Amherst, N.H.
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