Earlier this month, a state appellate court issued a written opinion in a Maine wrongful death case discussing whether a business owner can be held liable for the intentional, violent acts of a third party, and if so, under what circumstances. Ultimately, the court concluded that the plaintiff’s case was…
Under Maine premises liability law, landowners and occupiers generally owe a duty to ensure that their property is free from dangerous conditions that could result in unreasonable harm to lawful visitors. Unlike other states, which rely on the classification-of-status approach to premises liability, Maine determines liability based on the injury…
Property owners have a responsibility to make sure that their premises are safe for visitors; this often includes clearing snow and ice during the winter season. In some instances, individuals who suffer injuries because of a slip and fall on ice or snow may be able to hold the property…
Historically, the doctrine of sovereign immunity barred private citizens from filing lawsuits against tortious government employees and entities. In response to the inherent unfairness of this broad prohibition, legislators enacted the Federal Tort Claims Act (FTCA). The FTCA (the “Act”) provides Maine citizens a mechanism to sue federal government employees…
In a recent opinion, a state appellate court ruled in favor of an injury victim in a Maine premises liability lawsuit. The lawsuit originated after a woman fell and sustained injuries in a locker room after attending water therapy. According to the court’s opinion, after her water therapy session, the…
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…
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…
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…
Earlier this year, the First Circuit Court of Appeals issued a written opinion in a premises liability case involving a slip-and-fall accident at a wedding. While the case did not arise under Maine law, it is relevant to Maine slip-and-fall accident victims because it shows the tendencies of the federal…
Concert season is warming up, and it’s a good time to point out that festival and concert injuries can sometimes be compensated via Maine premises liability claims, which assert negligence by venue owner, promoters and sometimes even the entertainers themselves. Portland injury attorneys in Maine know that while most people…