Experienced Portland Premises Liability Lawyers
Portland Premises Liability Attorney
Find out why we are some of the best Portland Maine premises liability lawyers
What is Premises Liability?
Premises liability is a legal principle that imposes responsibility on property owners for injuries caused by hazardous conditions on their premises. When individuals visit someone else’s property, such as a private residence, retail store, parking lot, or government building, they are entitled to a safe environment.
The purpose of premises liability law is to ensure that property owners exercise reasonable care in maintaining their premises and preventing potential hazards. If an injury occurs as a result of a property owner’s negligence, the injured person may have grounds to file a premises liability claim.
Types of Premises Liability Cases in Portland, Maine
When it comes to premises liability cases in Portland, Maine, there are various types of situations in which a property or business owner may be held responsible for injuries that occur on their premises. Understanding these different types of premises liability cases is essential for both property owners and injured individuals seeking legal recourse.
One common type of premises liability case in Portland, Maine, involves slip and fall accidents. This can occur when someone slips or trips in a hazardous condition, such as icy sidewalks, slippery floors, or poorly maintained parking lots.
In 2020 alone, over 6.8 million people sought medical attention in emergency rooms for injuries sustained from falls. [1]
Another type of premises liability case involves defective conditions on the premises. This can include broken stairs, faulty handrails, or other hazardous property conditions that lead to injuries. Property owners have a duty to maintain their properties in a safe manner, and failing to do so can result in liability for any resulting injuries.
Understanding the Legal Process of Portland, Maine Premises Liability Cases
Premises liability cases in Portland, Maine, involve the legal process of holding property owners responsible for dangerous conditions that cause injuries to individuals on their premises. These cases can include slips and falls, inadequate maintenance, dog bites, and negligent security, among other incidents.
Liability in premises liability cases is determined based on the landowner’s duty to keep the premises safe and warn guests of any potential hazards. The property owner must exercise reasonable care to prevent injuries to anyone who legally enters the property.
In order to file a premises liability claim in Portland, several steps need to be followed, which are:
- Evidence must be gathered to demonstrate the property owner's negligence. This may include photographs, witness statements, surveillance footage, and any relevant documents.
- After gathering evidence, negotiating with insurance companies becomes part of the process. It is important to consult with an experienced premises liability attorney who can advocate for maximum compensation on behalf of the injured person.
- If a fair settlement cannot be reached through negotiations, the next step may involve proceeding to trial. During a trial, the attorney will present the evidence and arguments to prove the property owner's liability.
Common Causes of Premises Liability Claims in Portland, Maine
Negligent property owners can create a range of unsafe conditions on their premises, putting visitors and guests at risk of injuries. Some common causes of premises liability include:
- Slippery surfaces: This can be caused by spills, leaks, or improper cleaning, leading to slip and fall accidents.
- Inadequate lighting: Insufficient lighting can make it difficult for visitors to see potential hazards, leading to tripping or falling.
- Uneven or damaged surfaces: Cracked sidewalks, potholes, or broken steps can cause individuals to trip or fall, resulting in injuries.
- Lack of proper signage: Failing to post warning signs for hazards such as slippery floors, construction zones, or wet paint can increase the risk of accidents.
- Defective equipment or structures: Faulty escalators, elevators, or playground equipment can cause serious injuries if not properly maintained.
Property owners have a responsibility to maintain a safe environment for visitors. This includes conducting regular inspections, promptly addressing any hazards, providing proper warnings, and ensuring that all equipment and structures are in good working condition.
Failing to fulfill these responsibilities can result in premises liability claims, where injured individuals may seek compensation for their medical bills, lost wages, and pain and suffering.
Types of Injuries That Could Lead to a Premises Liability Claim in Portland, Maine
Premises liability refers to the legal responsibility of property owners to ensure the safety of individuals who visit their premises. In Portland, Maine, there are various types of injuries that could occur due to dangerous conditions on someone else’s property, potentially giving rise to a premises liability claim. Below are examples of such injuries:
Spinal Cord Injuries and Traumatic Brain Injuries
Spinal cord injuries and traumatic brain injuries are two of the most severe types of injuries that can occur in premises liability cases. These injuries can have a significant impact on the victim’s life, both physically and emotionally.
Spinal cord injuries can result in partial or complete paralysis, depending on the location and severity of the injury. This can lead to a loss of sensation and motor function below the site of the injury, affecting the victim’s ability to move and perform daily activities. In some cases, spinal cord injuries can also result in chronic pain and impaired bodily functions.
Wrongful Death Claims
When it comes to premises liability cases in Portland, Maine, one of the most severe outcomes is a wrongful death claim. Wrongful death claims arise when a person is killed as a result of the negligence or misconduct of another party. In the context of premises liability, these claims refer to incidents where individuals lose their lives due to dangerous conditions or the negligence of property owners.
Various types of accidents or incidents can result in wrongful death claims in premises liability cases. For example, drowning accidents can occur in swimming pool areas or improperly secured bodies of water on someone’s property.
Table of Contents
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What is Premises Liability?
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Types of Premises Liability Cases in Portland, Maine
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Common Causes of Premises Liability Claims in Portland, Maine
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Types of Injuries That Could Lead to a Premises Liability Claim in Portland, Maine
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Who Can File a Premises Liability Claim in Portland, Maine?
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Steps to Take After Being Injured on Someone Else's Property in Portland, Maine
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How an Experienced Portland Maine Premises Liability Lawyer Can Help You
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Sources
Who Can File a Premises Liability Claim in Portland, Maine?
The injured person or their loved ones have the right to seek financial compensation for damages suffered due to a property owner’s negligence.
In a premises liability claim, the injured person or their loved ones must prove that the property owner was responsible for the hazardous condition that caused the injury. They must also demonstrate that the property owner knew or should have known about the dangerous condition and failed to take appropriate action to mitigate the risk.
Filing a premises liability claim entails certain rights and responsibilities. The injured person or their loved ones have the right to pursue legal action and receive fair compensation for medical bills, lost wages, pain and suffering, and other related damages. It is their responsibility to gather evidence, such as photographs, witness statements, and medical records, to support their claim. They should also keep track of all medical treatments and expenses incurred as a result of the injury.
Steps to Take After Being Injured on Someone Else's Property in Portland, Maine
If you have been injured on someone else’s property in Portland, Maine, it is important to take certain steps to protect your rights and ensure you receive the compensation you deserve for your injuries. Here are the steps you should take:
- Seek medical attention: Your health and well-being should be your top priority. Seek immediate medical attention for your injuries. Even if they seem minor at first, some injuries can worsen over time.
- Document the scene: If possible, take photos or videos of the scene where your accident occurred. This can help establish the dangerous conditions that led to your injury.
- Gather witness information: If there were any witnesses to the accident, try to obtain their contact information. Their statements can be vital in supporting your premises liability claim.
- Report the accident: Inform the property owner or manager of the accident as soon as possible. Make sure to document who you spoke to and when.
- Avoid giving statements: Refrain from providing detailed statements or signing any documents without first consulting your personal injury lawyer with Goldberg & Loren. Anything you say or sign could potentially be used against you later.
In some cases, you may share some of the responsibility for your injuries, even if the property owner or occupier was also negligent. The laws of your state will determine your rights in these cases.
In most states, comparative negligence rules apply. This means that you can still pursue a claim for compensation, even if you were partially at fault for your injuries. However, the amount of compensation you receive will be reduced by your degree of fault. For example, if you were 20% at fault for your injuries and you suffered $100,000 in damages, you would only be able to recover $80,000. [2]
If your case ever falls in this category, our experienced Portland, Maine, premises liability lawyers will help you navigate through it perfectly.
How an Experienced Portland Maine Premises Liability Lawyer Can Help You
If you have been injured on someone else’s property due to dangerous conditions, you need to speak with a premises liability lawyer as soon as possible. Goldberg & Loren Portland premises liability lawyers have the experience and expertise to help you get the compensation you deserve.
Our lawyers will fight tirelessly on your behalf to hold the negligent property owner accountable and get you the maximum compensation for your medical bills, lost wages, pain and suffering. We understand the sensitive nature of personal injury cases and will handle your case with the utmost respect and confidentiality.
- We have over 30 years of experience handling premises liability cases
- We have a proven track record of success in getting our clients the compensation they deserve
- We offer free consultations and case evaluations
- We will fight tirelessly on your behalf to get you the maximum compensation possible
Have you recently been injured on someone else's property in Portland, Maine?
If you want to hold the responsible party accountable for your injuries and receive the compensation you need to cover medical expenses, lost wages, and pain and suffering, our dedicated team is ready to fight for your rights.
Contact us today to schedule a free consultation and let our experienced Portland, Maine, personal injury lawyers guide you through the legal process and help you secure the maximum compensation possible. Don’t wait; the time to act is now!
Sources:
1. Slips, Trips, and Falls – National Safety Council. (n.d.). Slips, Trips, and Falls – National Safety Council. https://www.nsc.org/workplace/safety-topics/slips-trips-and-falls/slips-trips-and-falls-home.
2. J.D., C. B. (2023, January 26). What Is Premises Liability? What You Need To Know. Forbes Advisor. https://www.forbes.com/advisor/legal/personal-injury/premises-liability/.
Goldberg & Loren Personal Injury Attorneys
180 Pool St Suite 105,
Biddeford, ME 04005
(207) 977-2838
If you or a loved one were injured due to the negligence of another property owner you could take legal action today. If you're in the Portland area and need a premises liability lawyer, contact us today for a free consultation.
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