As a general rule, Maine personal injury laws hold people accountable for injuries that are caused by their negligence. In many cases, the basis of a personal injury suit is the defendant’s negligent action; however, a lawsuit can also be premised on a defendant’s failure to act. This is frequently the case in Maine premises liability cases.
Under Maine premises liability law, property owners and lessees owe a duty of care to those whom they invite onto their property. However, landowners do not owe the same duty to those who enter the property without permission. Courts generally do not require a plaintiff to prove that they were formally invited onto a property before finding that the property owner owed them a duty. Instead, courts consider the surrounding circumstances when making the determination. For example, a customer who enters a business establishment will be presumed to be an invited guest, even if they do not intend to make a purchase.
An important exception to the general rule that property owners owe a duty to those whom they invite onto their land is the Maine recreational use statute. A recreational use statute is a law that specifically prohibits certain lawsuits that are based on injuries occurring while engaging in recreational activity on the defendant’s land. The idea behind recreational use statutes is that the government wants to encourage landowners to allow the general public to enjoy their land without fear of being financially responsible for any injuries occurring as a result.