When a person slips and falls or otherwise injures themselves on another’s property, it is crucial that they understand their rights and potential remedies. There are many procedural and evidentiary rules that Maine injury victims must follow to ensure that their case is heard by a judge or jury. For example, threshold requirements include ensuring that a case complies with the statute of limitations and that proper notice is provided to all defendants. However, additional challenges may arise when the plaintiff and defendant have a landlord-tenant relationship.
Maine personal injury lawsuits require that the plaintiff prove the defendant was negligent to collect damages for their injuries. In situations where the plaintiff suffers injuries at their apartment complex or a rental unit, the responsible party is often their landlord. Maine tenants must gather all proof that establishes that their landlord was aware of the dangerous condition and that the landlord either did not rectify the hazard or directly caused the unsafe condition.
Typically, slip and fall lawsuits stemming from injuries at an apartment complex are a result of falls in a public or communal area. Public areas include areas such as playgrounds, pools, parking lots, sidewalks and stairwells. Some common examples of landlord negligence are when they cause safety risks by failing to maintain the property, if they do not have appropriate safety measures such as proper lighting in public areas, and if they do not act to correct the unlawful behavior of other tenants. In many cases, landlords will try to preempt liability by including a clause in the lease that waives their responsibility to keep or maintain common areas. In these cases, it is crucial to retain an experienced Maine premises liability lawyer to evaluate your situation.
In some situations, a tenant may suffer injuries after hurting themselves in their apartment or rental home. Premises liability lawsuits based on these types of accidents pose additional challenges. Usually, Maine tenants are responsible for their safety in their homes. To hold a landlord liable for accidents in a rental unit, the plaintiff must be able to show some degree of gross negligence on the landlord’s part. For example, recently, another state’s appellate court issued an opinion stemming from an injury a tenant suffered after a railing gave way at her rental home. The plaintiff claimed that the landlords should be liable because she warned them of the broken railing. In that case, the defendants prevailed based on the fact that the tenant knew of the hazardous condition that caused her injury.
Have You Suffered Injuries at Your Maine Apartment Complex?
If you or a loved one has suffered injuries because of a landlord’s negligence, contact the dedicated Maine personal injury attorneys at Peter Thompson & Associates. The attorneys at our law firm have significant experience handling complex personal injury lawsuits, including Maine slip and fall cases, and can help you get the compensation you deserve. Our lawyers have a reputation built upon the respect and zealous advocacy we provide to our clients. If you are successful, you may be entitled to monetary compensation for your lost wages, medical bills, disability, and pain and suffering. Contact the Maine accident attorneys today at 1-800-804-2004 to schedule a free initial consultation.