Maine Premises Liability Lawyer

What duty do Maine property owners owe visitors?

Maine owners and occupiers generally owe reasonable care to anyone lawfully on the property, whether a paying customer or a social guest. Trespassers are owed much less.

That makes the question practical. Did the owner know, or should the owner have known, about the danger? Did the owner have time to fix it or warn about it? Was the response reasonable given the type of property and the weather? A busy supermarket is expected to inspect more often than a private home. A rental cottage owner is expected to fix a rotten deck board that a reasonable inspection would reveal. Trespassers generally cannot claim for ordinary hazards, though an owner still may not intentionally or recklessly injure them, and children drawn onto land by dangerous conditions may receive extra protection.

How do snow and ice cases work in Maine?

Winter does not excuse owners, but it does shape what is reasonable. Owners are generally expected to respond to snow and ice within a reasonable time and with reasonable methods.

Maine's long winters bring repeated freeze-thaw cycles, and meltwater refreezes overnight on walkways and steps. Key questions include when the storm ended, when the owner plowed and sanded, whether gutters or downspouts dumped water across paths, and whether a snow removal contractor was hired. Weather records, contractor invoices and photos taken soon after the fall can answer those questions. Landlords and businesses that hire contractors may share responsibility with them.

How does Maine's equal-fault bar apply to a fall?

Your award is reduced by your share of fault and barred if your fault equals or exceeds the owner's. Owners often argue that ice was obvious or that the visitor wore the wrong shoes.

Example: a customer slips on refrozen meltwater at a store entrance in Lewiston at 9 a.m. The ice formed overnight from a leaking gutter the store had known about for weeks. Damages total $70,000.

• The jury finds the store 80% at fault and the customer 20% for not using the handrail. The customer recovers about $56,000.
• If the jury had found the customer and store equally at fault, the customer would recover nothing.

Evidence that the hazard came from a known building defect, not just the weather, often shifts fault toward the owner.

Which Maine settings lead to premises claims?

Tourism and seasonal property create many Maine premises cases, along with stores and apartments.

Inns, rentals and waterfronts

Hotels, inns, vacation rentals and short-term cottages draw summer visitors. Rotten docks, unlit stairways, loose railings and slippery wharves are common hazards.

Ski areas and recreation

Maine has a law that limits ski area liability for the inherent risks of skiing, though ski areas still have certain duties. Maine's recreational use law also strongly protects landowners who let the public hunt, snowmobile, hike or fish on their land without charging a fee, with limited exceptions.

Security

Negligent security claims may arise when an owner fails to take reasonable steps against foreseeable crime in parking lots, apartment buildings or bars.

What about injuries on public property in Maine?

Claims against towns, schools and the state follow the Maine Tort Claims Act, which limits when government bodies can be sued and requires an early written notice of claim. Those rules are much stricter than the general 6-year deadline.

Government immunity in Maine is broad, and only certain kinds of claims can proceed. Injuries involving public buildings may be possible to pursue, but many road and sidewalk claims face hurdles. See government and public property injury claims and contact us quickly.

What should you do after a fall on Maine property?

Report it, document it and get treatment. The most useful evidence often disappears with the next snowfall or thaw.

1. Tell the owner or manager and ask for an incident report.
2. Photograph ice, lighting, gutters, signs and your footwear.
3. Note the time and recent weather.
4. Get names of witnesses and employees.
5. Ask in writing that video be preserved.

Learn more about premises liability, read about dog bites and animal attacks if a dog caused your injury, or visit our Maine injury guide. If a fall led to a death, see our Maine wrongful death page. Free case review, no fee unless we win.