Property owners and managers have a legal obligation to ensure their premises are reasonably safe for permitted visitors. While this protection varies depending on the type of property and visitor, landowners who fail to eliminate hazardous conditions on their properties could be held responsible for any resulting injuries.
If a landowner’s negligence caused you to sustain harm while on their property, you might be eligible to collect compensation for damages. Unfortunately, determining fault in cases like this can be extremely difficult, especially without the guidance of a personal injury attorney. Our skilled Bangor premises liability lawyers will guide you from start to finish of your claim and ensure that you recover a fair damages award for your suffering. Call Gideon Asen LLC today to schedule your consultation.
The Common Premises Liability Lawsuit Causes
A premises liability accident can occur because of a wide range of hazardous conditions. Some of the most common reasons include the following:
- Defective stairwells
- Broken and defective sidewalks
- Fire hazards and code violations
- Dog bites and animal attacks
- Inadequate lighting or security
- Electrocution from faulty wiring
- Ceiling or deck collapses
- Falling objects
- Spills or leaks from faulty plumbing
If someone was harmed while visiting another party’s property, they should contact a Bangor premises liability attorney to discuss pursuing compensation. It is important to note, though, that the circumstances of the accident, injuries, and visit will help determine the amount of compensation the law may entitle injured parties to collect.
The Types of Visitors in Premises Liability Cases
A person falls within three groups of visitors when they enter another person’s property. This categorization can significantly impact their claim for damages and how much they may be eligible to recover.
Landowners and property managers owe each visitor category a different duty of care. A duty of care is defined as the moral or legal responsibility not to allow others to be harmed. The three groups of visitors include:
The Invitee
Invitees are people a landowner or manager invites onto the property directly or by implication. An invitee is typically on the property for business purposes, such as a mall or grocery store. The person responsible for the property’s repairs and upkeep owes the invitee the highest duty of care and must keep the premises safe to ensure they do not sustain injuries.
The Licensee
The owner also invites licensees onto the property. Yet, the invitation is for personal reasons rather than business. A friend or neighbor, the owner, invites over as guests would fall within the group of licensees. The responsible party owes this group the second-highest duty of care and must keep the property hazard-free or warn of potential dangers.
The Trespasser
A trespasser enters a property without the landowner’s invitation or permission. The owner is not liable for injuries a trespasser suffers on the property but cannot intentionally set traps to cause harm to them for entering.
A Bangor premises liability attorney can help review a case to determine which category the plaintiff falls under and build a claim for damages.
Comparative Negligence in Premises Liability Cases
In some premises liability cases, the court may rule that the plaintiff shares a portion of liability in the accident and resulting injuries. According to the Maine Revised Statutes Title 14, § 156, if the plaintiff is partly at fault for the accident, the court will not bar them from recovering damages unless their portion of responsibility is more than that of the defendant. The jury will subtract the claimant’s liability from the total award amount. A premises liability lawyer in Bangor can answer questions on personal injury statutes and how they apply in certain cases.
Call a Diligent Bangor Premises Liability Attorney Today
If you or someone you love was a guest on someone else’s premises and sustained injuries, you could have the legal right to collect compensation for damages. Premises liability law is challenging to navigate, but a skilled legal professional is here to guide you through the complex civil court process.
While you focus on recovering, a Bangor premises liability lawyer can handle the legal aspects of your case and advocate on your behalf. Call Gideon Asen LLC today to schedule a consultation for assistance with a claim.
