wrongful death lawyer

Property owners owe a duty to guests to ensure they are not confronted with unreasonable risks and hazards that may jeopardize their safety. Depending on the role of the guest (i.e., a social visitor, a business invitee or a trespasser), the duty of care owed by the property owner will vary.

Recently, the Maine Supreme Judicial Court – the highest in the state – handed down a ruling on a premises liability lawsuit that underscores the importance of expert witness testimony in some of these cases.

The case of Estate of Smith v. Salvesen is a tragic one. Plaintiff and his wife were in town as guests at a reception held at a local college for which they were benefactors. The pair stayed at a local inn. They were told their suite was on the second floor, but they did not realize it was actually a two-story suit, equipped with stairs in the bedroom that led to the lower level. Continue reading

When serious or fatal injuries are caused by another person’s negligence, the victim and/or surviving family have a right to pursue compensation for their losses. However, when the injuries sustained are the result of an intentional act, collecting becomes a more complicated matter. The reason is that while victims are still entitled to damages insurance companies often have policy exclusions for intentional criminal acts resulting in injury or death. That often leaves a plaintiff’s only recourse collection directly from the wrongdoer.

In many instances, that individual lacks the resources and assets to adequately compensate the victim(s). That doesn’t necessarily mean it is not worth it to pursue such a case, but the viability must be carefully weighed.

Recently, the Maine Supreme Judicial Court considered a lawsuit against a homeowners’ insurance company brought by the family of a man killed by another on property belonging to attacker’s grandmother. In Metro Prop. & Cas. Inc. Co. v. Estate of Benson, the court was asked to consider whether insurer could be liable for wrongful death despite its intentional tort exclusion in the policy. Continue reading

Articles Tagged with wrongful death lawyer

Estate of Smith v. Salvesen – Maine Court Rules Against Widow in Fatal Fall Lawsuit

Metro Prop. & Cas. Inc. Co. v. Estate of Benson – Compensation for Fatal Criminal Attack