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.
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.
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:
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.
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:
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.
Premises liability is the legal responsibility of property owners and occupiers to maintain reasonably safe conditions for those who enter their property. In Maine, when a property owner’s failure to address a known hazard causes an injury, the injured person may bring a premises liability claim to recover compensation.
Maine law recognizes different categories of visitors. Invitees, such as customers and business guests, are owed the highest duty of care. Licensees, who enter with permission for their own purposes, are owed a moderate duty. Even trespassers may be protected in limited circumstances, particularly when children are involved.
To succeed in a Maine premises liability case, you generally must show that the property owner had a duty of care toward you, that the owner knew or should have known about the dangerous condition, that the owner failed to correct or warn of the hazard, and that this failure directly caused your injuries and damages.
Maine’s general statute of limitations for personal injury is six years from the date of the incident. Claims against government entities may have shorter notice deadlines. Because surveillance footage and incident records can disappear quickly, contacting a Maine premises liability attorney as soon as possible is strongly advisable.
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.
We are a statewide firm with offices in Bangor, Rockland, Freeport, Portland, Yarmouth, and more for easy accessibility. Contact us for a free consultation to learn how we can advocate for you.
