Maine Injury Lawyer Blog
Maine premises liability accidents can have severe and long-lasting repercussions. According to recent data collected and analyzed by the Center for Disease Control (CDC), falls account for almost 29 percent of non-fatal injuries in the United States. Many times, these falls can be prevented if property owners take the appropriate steps to ensure their property is safe for visitors and guests. When a person falls due to the negligence of a property owner, the owner may be held liable for negligence.
Under Maine’s premises liability statute, property owners, lessees, and others with control of property owe a duty of care to those who lawfully enter their land. These owners must exhibit reasonable care to keep their land free of dangers. If a person is injured as a result of a defect or hazard on a floor of a business, they must establish that the property owner knew, should have known about, or caused the dangerous condition.
Maine premises liability lawsuits arise from many types of accidents; however, the most common accidents are slip and falls. Typically, a slip and fall occurs from inadequate lighting, broken or missing hand or safety rails, holes or divots in the ground, or spills. In these cases, an injured person may seek damages from the property owner. The victim may be able to recover for losses they sustained related to things such as medical expenses and pain and suffering.
Plaintiffs can face challenges if the defendant argues that the plaintiff somehow contributed to their injuries. For example, recently a state appellate court issued an opinion stemming from a case in which the plaintiff slipped at an auto dealership while cleaning up a spill. This case was unique in that the plaintiff slipped on fluid that he was hired to clean up. The court addressed various issues, including contributory negligence. They concluded that, among other reasons, the plaintiff did not take care to ensure his safety.
Under Maine’s comparative negligence statute, defendants may claim that the victim did not take steps to ensure their safety. For example, a defendant property owner may argue that the victim was distracted when walking or that they ignored clear and apparent dangers. Maine’s modified comparative negligence statute bars a plaintiff from recovering if they are more than 50% at fault for their injuries. Maine injury victims should retain experienced attorneys to ensure that they can overcome barriers that a defendant may raise.
Have You Suffered Injuries After Falling on Another’s Property?
If you or a loved one has been injured in a Maine slip and fall accident, you should contact the dedicated injury attorneys at Peter Thompson & Associates. Our Maine personal injury attorneys have extensive experience handling premises liability lawsuits, as well as other types of personal injury cases, including truck crashes, car accidents, and wrongful death cases. The attorneys at Peter Thompson & Associates understand the lifelong impact an accident can have, and will fight to get you the compensation you deserve. To learn more, contact us today at 1-800-804-2004 to schedule your free initial consultation. Calling is free, and we will not bill you for our services unless we can help you recover for your injuries.