Property owners are responsible for keeping their premises reasonably free of hazards and protecting invited guests from harm. If someone gets hurt because a landowner did not take action to eliminate potential risks, the injured party may be eligible to pursue legal action against those responsible for the property.
If you fell because a property owner failed to maintain their land or warn you of potential hazards, you should consult a local attorney about your legal options. An Auburn slip and fall lawyer from our firm could help you recover the compensation you deserve for your suffering. Contact Gideon Asen, LLC today to discuss your unique case with an experienced personal injury attorney.
All Property Owners Must Use Care to Keep Visitors Safe
The traditional rule, which is still the law in many states, holds that property owners owe a higher duty to the customers of a business than they do to social guests. The law in Maine does not make this distinction—meaning a property owner owes the same degree of care to everyone who enters the property with permission. The owner must make reasonable efforts to identify property hazards and repair them promptly, warn visitors, or prevent their access until repairs occur.
The owner’s property includes any outdoor means of access to the property, including a sidewalk or parking lot. Various hazards could lead to a slip and fall claim, including:
- Icy pathways or parking lots
- Wet floors
- Poor lighting
- Loose floor tiles or mats
- Uneven floors
- Poorly marked level transitions
- Broken stairs or handrails
- Elevators that do not open flush with the floor
Nearly any cause of a preventable fall could form the basis of a slip and fall lawsuit.
A person who falls should seek immediate medical attention, even if they feel their injuries are insignificant. A medical record documenting the injuries is critical evidence an Auburn attorney can use to prove damages in a slip and fall case.
Common Slip and Fall Injuries
Depending on the situation, slips and falls can cause severe, life-threatening injuries. This is especially true for older adults. An injured party should keep a journal describing their injuries and healing process to help establish their damages.
An Auburn attorney handling slip and fall cases represents people suffering from:
- Wrist and ankle sprains
- Broken bones
- Neck or shoulder hyperextension (whiplash)
- Shoulder dislocation
- Facial injuries
- Moderate to severe traumatic brain injury
- Spinal cord injury
All these injuries require medical treatment and could force an injured party to miss work.
An Auburn attorney can demand damages reimbursing the injured person’s medical costs and lost income. They also can seek damages to acknowledge the injured person’s inconvenience, embarrassment, disability, scarring, physical pain, mental anguish, and other effects on their quality of life.
Insurers Will Scrutinize an Injured Person’s Conduct
Whenever someone seeks damages in a negligence case, the insurance company or the courts will analyze the fault of the respective parties. Many accidents have more than one cause.
In a slip and fall case, the property owner’s insurance company might argue that the injured person is primarily at fault for the accident. They would make this assertion because Maine Revised Statute Title 14, §156 prevents an injured person from recovering damages if they were more than 49 percent responsible for an accident.
An Auburn attorney can negotiate the allocation of liability with the property owner’s insurance company. If the injured party was partially responsible for the slip and fall, the attorney could ensure they carry only their fair share of the blame.
Work with an Auburn Slip and Fall Attorney Today
If you suffered injuries in a slip and fall accident while on someone else’s property, you may have a right to compensation from the landowner or manager. If your fall was due to their failure to keep the premises reasonably safe, they could be held legally responsible for your damages.
An Auburn slip and fall lawyer can investigate the fall, identify the negligent parties, and negotiate with their insurance companies until they offer a reasonable settlement. Call Gideon Asen LLC today to speak with a capable attorney.