Dangerous conditions can exist on all types of properties, including private homes, commercial buildings like stores or offices, and public property like parks or streets. To knowingly allow a defective or dangerous condition to exist on a property may constitute negligence on the landowner’s part.

If you’ve been injured on someone else’s property due to their negligence, contact Mann Law so a premises liability lawyer can begin seeking compensation for your injuries.

Dangerous Property Conditions

Broken stairs, handrails, inadequate lighting, poor construction, and even snow and ice can all cause serious bodily injuries in the event of a fall or another type of property accident.

Our Maine lawyers have handled hundreds of cases involving injuries that were caused by the negligence of a landowner.

If you have been injured on someone else’s property as a result of their inattention, lack of reasonable care, and negligence, contact an attorney immediately to begin seeking compensation for your injuries.

Understanding a Landowner’s Duty of Care in Maine

In Maine, a property owner, or another person in possession and control of the property, owes a duty of reasonable care to everyone who lawfully enters the land. This is true whether it is a residence, a business, or public property.

Landowners and property owners have a duty to exercise reasonable care and provide safe premises to lawful invitees.

In order to prove that someone allowed a defective and/or dangerous condition to exist on their land, a person must prove that:

  • The landowner owed a duty to the injured person
  • The landowner breached that duty
  • The breach was the proximate cause of the accident
  • The person/invitee was injured as a result

When a dangerous property condition causes someone to suffer an injury, they must prove that the property owner either caused the hazard, had actual knowledge of its existence, or that the hazard existed for a long enough period of time that the property owner should have been aware and taken proper actions to remedy it.

Property owners who are unable to remedy a dangerous condition in a timely manner are required to post an obvious notice to alert visitors of the danger. If a landowner fails to take these steps, they could be held liable in the event of a property accident.

Potential Challenges in Premises Liability Cases

Often, the landowner or their insurance company will argue that the injured party is comparatively negligent in a premises liability case. What this means is that the owner thinks you bear some responsibility for your own injuries. For example, they may allege that:

  • You were not paying enough attention to where you were going
  • The defect or dangerous condition should have been obvious to you and, as a result, you should have avoided it
  • You were trespassing
  • The landowner took all reasonable precautions that the law required

It’s important to have a strong attorney representing your premises liability case. If these arguments by the owner and their insurance company are successful, you could miss a significant portion or all of your deserved compensation.

If a court determines that you’re comparatively negligent, you can still get compensation from the property owner, but the amount you’re awarded will be reduced by the percentage you were at fault.

If your share of liability is deemed equal to or greater than that of the property owner, you cannot recover any compensation.

Reach out to a Maine Premises Liability Attorney Today

Christiana Mann and the entire Mann Law team will get you the compensation you deserve while helping put the pieces of your life back together.

During the claims process, insurance companies may try to suggest you’re at fault for your own injuries, so you’ll need a Maine premises liability lawyer to work on your behalf. Let our team help you obtain the compensation you need to move forward. Call today to get started.