Best Premises Liability Lawyers in Maine

About Premises Liability Law in Maine, United States

Premises liability law in Maine deals with the legal responsibilities of property owners and occupiers to maintain safe conditions for individuals who visit their property. If someone is injured due to unsafe or hazardous conditions on another person’s property, they may be entitled to seek compensation for injuries and related losses. Premises liability cases can involve a wide range of incidents, including slip and falls, inadequate maintenance, unsafe buildings, dog bites, and other injuries that occur due to dangerous property conditions.

Why You May Need a Lawyer

Premises liability cases can be complex, and having legal assistance can make a significant difference. You may need a lawyer if:

• You have been injured on someone else’s property and believe neglect was involved.
• The property owner or insurance company is disputing your claim or offering insufficient compensation.
• You are unsure who is responsible for your injury, such as in cases with multiple property owners or tenants.
• There is a question about your legal status as a visitor, such as whether you were an invitee, licensee, or trespasser.
• Your case involves serious injuries that result in extensive medical expenses, lost wages, or long-term effects.
• The property owner claims you were at fault or partially responsible for the accident.

Legal professionals can help by investigating the facts, gathering evidence, negotiating with insurance companies, and representing you in court if needed.

Local Laws Overview

Premises liability law in Maine largely follows general tort principles, but there are some local specifics to be aware of:

• Classification of Visitors: Maine law recognizes three visitor categories: invitees (such as customers or business guests), licensees (social guests), and trespassers. The duty of care owed by a property owner can differ based on the visitor’s classification.
• Proof of Negligence: Injured persons must typically prove that the property owner or person in control of the property was negligent, knew or should have known of the dangerous condition, and failed to address it.
• Comparative Fault: Maine uses a modified comparative negligence system. If you are found partially at fault for your injuries, your compensation may be reduced proportionally, and if you are more than 50 percent at fault, you may be barred from recovering damages.
• Statute of Limitations: In Maine, you generally have six years from the date of the injury to file a premises liability lawsuit. However, specific types of claims (such as those involving government property) may have different timelines or notice requirements.
• Special Rules: Certain areas, such as snow and ice removal, have unique legal aspects based on Maine's climate and local ordinances. There are also special rules for landlord-tenant liability, public lands, and recreational use.

Frequently Asked Questions

What is premises liability?

Premises liability refers to a property owner’s or occupier’s responsibility for injuries that occur due to dangerous or unsafe conditions on their property.

What types of accidents are covered by premises liability?

Common accidents include slip and falls, trips over hazards, injuries from falling objects, inadequate security leading to assaults, dog bites, swimming pool accidents, and elevator or escalator mishaps.

Does Maine law require property owners to ensure absolute safety?

No, property owners must take reasonable steps to keep their property safe and warn about known hazards, but they are not insurers of absolute safety.

Will my case be affected if I was partially at fault?

Yes, Maine’s comparative fault laws mean that your compensation can be reduced by your percentage of fault, and you may not recover anything if you are determined to be more than 50 percent responsible.

What should I do if I am injured on someone’s property?

Seek medical attention, document the scene and the hazard (take photos if possible), gather witness contact information, and report the incident to the property owner or manager. Consider contacting a premises liability lawyer.

Is the property owner always liable for injuries?

Not always. Liability depends on various factors including the owner’s knowledge of the hazard, whether reasonable steps were taken to fix it, and if your own actions contributed to the incident.

How long do I have to file a claim in Maine?

You generally have six years from the date of injury to file a lawsuit under Maine law, but this deadline can be shorter in cases involving governmental property.

How is compensation determined in premises liability cases?

Compensation may cover medical bills, lost wages, pain and suffering, and other related losses. The amount depends on the severity of injuries, impact on your life, and liability factors.

Does premises liability apply to both private and public property?

Yes, but claims against governmental entities may have additional requirements, such as shorter deadlines and notice provisions.

Can I pursue a claim if I was trespassing?

Generally, property owners owe limited duties to trespassers, except in cases involving willful or wanton misconduct, or if the trespasser is a child attracted by a hazardous condition (the attractive nuisance doctrine).

Additional Resources

• Maine Judicial Branch: Offers information on civil lawsuits and legal processes related to injury claims.
• Maine Bar Association: Provides lawyer referral services and resources for individuals seeking legal advice.
• Maine Office of the Attorney General: Publishes consumer protection resources, including information about rights related to injuries and property.
• Local legal aid organizations: Such as Pine Tree Legal Assistance, for those who may qualify for free or low-cost legal help.
• Maine Bureau of Insurance: For inquiries related to insurance aspects of premises liability claims.

Next Steps

If you believe you have a premises liability claim in Maine, start by gathering as much information as possible about the incident. Document your injuries and any conditions that contributed to your accident. Notify the property owner or manager about your injury. Consult a qualified premises liability attorney who is familiar with Maine law to discuss your rights, potential compensation, and the best course of action for your specific situation. Acting quickly can ensure you meet crucial deadlines and preserve important evidence.

Consider reaching out to local legal resources or the Maine Bar Association for guidance on finding an attorney who handles premises liability cases. An experienced lawyer can help explain your options, navigate negotiations or court processes, and work to secure the compensation you deserve.