An Act To Create a Duty To Report Serious Injuries
Maine Legislature, Session 124, LD 1258
Committee: Criminal Justice and Public Safety
Sponsors: McLEOD, RAYE, BEAULIEU, CURTIS, GIFFORD, JOY, SARTY, TILTON
Amends: 14 MRSA §222

Legislative Document 
No. 1258 
H.P.877' 
House of Representatives, March 31,2009 
An Act To Create a Duty To Report Serious Injuries 
Reference to the Committee on Criminal Justice and Public Safety suggested and ordered 
printed. 
Presented by Representative McLEOD of Lee. 
Cosponsored by Senator RAYE of Washington and' 
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MILLICENT M. MacFARLAND 
Clerk 
Representatives: BEAULIEU of Auburn, CRAY ofPaimyra, CURTIS of Madison, GIFFORD 
of Lincoin, JOY of Crystal, McFADDEN of Dennysville, SARTY of Denmark, TILTON of 
Harrington. ' 
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Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 14 MRSA §222 is enacted to read: 
§222. Duty to report serious injury 
1. 
Definition. 
As used in this section, unless the context otherwise indicates, 
"serious injury" means any untreated gunshot wound, knife wound or other open wound 
that involves substantial blood loss. 
2. Duty. A person who is 18 years of age or older and who observes that another 
person has received a serious injury shall immediately report that injury and shall request 
first aid by the quickest means of communication available from any police· department, 
emergency dispatch center, licensed medical facility or licensed medical provider. 
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A. This duty applies regardless of whether the injury was self-inflicted intentionally, 
recklessly, negligently or accidentally. 
B. This section may not be interpreted to impose a duty 'to provide first aid or other 
medical treatment. 
C. The duty imposed by this subsection is satisfied if another person has already 
made or agreed to make the initial report and request for first aid. 
3. .Cause of action. A person who is injured by the failure of another person to 
report a serious injury may bring a civil action against the person alleged to have 
breached the duty imposed by subsection 2. 
A. A person who brings a civil action .pursuant to this subsection must prove by a 
preponderance of the evidence the extent to which the alleged breach of the duty 
imposed by subsection 2 was a substantial factor in causing an aggravation of the 
person's injury. 
B. The amount of damages awarded pursuant to this section may not be reduced as a 
result of any intentional act or negligence committed by the injured person, as long as' 
the recoverable damages are limited to the aggravation of the injury proximately 
caused by the failure to report the injury as required by subsection 2. 
C. A person against whom a claim under this subsection has been asserted has an 
affirmative defense that the person did not report the serious injury because that 
person was in the process of providing first aid to the injured person. 
4. Application. The civil cause of action created by subsection 3 must be applied to 
any claim that is not otherwise barred by the existing statutes of limitations and, 
notwithstanding Title 1, section 302, must be applied to any lawsuits pending as of the 
effective date of this section in any court of competent jurisdiction. 
5. Violation. A person may not intentionally, knowingly or recklessly fail to make a 
report required by this section. A person who violates this subsection commits a Class E 
crime. 
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6. 
Governmental entities and employees. 
This section does not apply to a 
governmental entity or government employee acting in the course and scope of that 
entity's or employee's duties. 
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SUMMARY 
This bill requires a person who observes that another person has received a serious 
injury to immediately report that injury to and request first aid by the quickest means of 
communication available from a police department, emergency dispatch center, licensed 
medical facility or licensed medical provider.