Tourism in Maine has reached an all-time high the last several years, with the Maine Office of Tourism reporting an uptick of 8.8 million annual visitors from 2012 to 2018. These tourists spend billions of dollars, support thousands of businesses and more than 105,000 jobs in the state. Among those businesses supported by travelers: Hotels, motels, resorts and rental properties. These property owners owe a duty of care to those on their property. Our Bangor personal injury attorneys note some of these duties may include the responsibility to provide:
- Adequate security.
- Safe walking surfaces.
- Safe ingress/egress.
- Repair of conditions that might be dangerous (i.e., a broken step, poor lighting, unsafe deck).
- Adequate lighting
Property owners who fail or don’t regularly inspect conditions on-site to ensure they are reasonably safe for guests may be held responsible in court under the theory of premises liability. Although historically the Maine judicial system set standards for duty of care on the basis of guest designation (i.e., invitee, licensee, trespasser), the 1979 Maine Supreme Judicial Court decision in Poulin v. Colby College changed how property liability is determined. In that case, plaintiff sued a college for injuries sustained in a fall on campus. He was considered a “licensee” while the person he was dropping off at the campus was considered an “invitee.” Justices held that, “It no longer makes any sense to predicate a landowner’s duty solely on the status of the injured party as either a licensee or invitee. Perhaps in rural society with sparse land settlements and large estates, it would have been unduly burdensome to obligate an owner to inspect and maintain (the property)…” but such immunity wouldn’t be justified in an industrialized society. Continue reading