Portland Maine Premises Liability Attorney

Dog Bites and Animal Attacks

If a person is bitten or attacked by a dog or other animal while on another person's property, the property owner may be held liable under premises liability law. Negligent property owners can be held liable if they fail to prevent their animals from causing harm to visitors.

Swimming Pool Accidents

Swimming pool accidents can also give rise to premises liability cases, especially if the pool area lacks proper safety measures, such as fencing, non-slip surfaces, or warning signs. Property owners must ensure that their pools are adequately maintained and secured to prevent drownings, slips, falls, or other accidents.

Injuries on Government or Public Properties

Premises liability cases can also occur on government-owned properties, such as parks, schools, or public buildings. While there are specific rules and procedures for filing claims against governmental entities, injured parties may still be able to seek compensation if the negligence of a government entity or employee caused their injuries.

Regardless of the type of premises liability case, it is crucial to seek legal representation from an experienced lawyer like those at McCue Law Office. Our team of Portland Maine premises liability attorneys can thoroughly investigate the circumstances surrounding your injury, gather evidence of the property owner's carelessness, and fight to ensure you receive the compensation you deserve for your medical expenses, lost wages, pain and suffering, and other damages.

Common Premises Liability Injuries

While premises liability accidents can result in a wide range of injury types, here is a breakdown of the most common types of injuries seen in premises liability cases in Portland, Maine.

1. Slip and Fall Injuries: These injuries occur when a person slips or trips on a wet or uneven surface, leading to broken bones, head injuries, or soft tissue damage. Property owners are responsible for maintaining safe walking areas to prevent such accidents.
2. Dog Bite Injuries: Dog bites can result in physical injuries like puncture wounds, lacerations, and infections. Property owners must ensure their pets are properly restrained to prevent such incidents.
3. Falling Object Injuries: Injuries caused by falling objects, such as merchandise or equipment, can lead to head injuries, fractures, or contusions. Property owners are responsible for securing objects to prevent them from falling.
4. Electrical Injuries: Electrical malfunctions on the premises can result in shocks, burns, or electrocution. Property owners must ensure that electrical systems are properly maintained to prevent such injuries.
5. Assault Injuries: Inadequate security measures can lead to assaults or robberies on the premises, resulting in physical injuries like bruises, fractures, or concussions. Property owners must provide adequate security to protect visitors and tenants.

By understanding these common premises liability injuries and their descriptions, individuals can better recognize their rights and seek legal guidance if they have been injured due to negligence on someone else's property in Portland, Maine.

How to Prove Negligence in a Portland Maine Premises Liability Case

To succeed in a premises liability case in Maine, you must prove that the property owner's carelessness directly caused your injuries. This typically involves establishing four key elements:

• The property owner owed you a duty of care to maintain reasonably safe premises.
• The property owner breached this duty by failing to address or warn about a dangerous condition on their property.
• You suffered injuries as a direct result of the property owner's breach of duty.
• You incurred damages, such as medical expenses, lost income, or pain and suffering.

Proving negligence often requires a thorough investigation, including gathering evidence like photographs, witness statements, and expert testimony. An experienced Portland premises liability attorney from McCue Law Office can skillfully build your personal injury case and effectively present the evidence to establish the property owner's carelessness.

Compensation Available for Premises Liability Victims in Portland

Suffering an injury on another person's property due to a property owner's carelessness can have devastating consequences for the injured person and their family. In addition to the physical pain and emotional trauma, the resulting hospital expenses, lost wages, and diminished earning capacity can impose a significant financial burden.

If you find yourself in this situation in Portland, Maine, it's essential to understand that you may be entitled to seek compensation for the damages you've incurred. At McCue Law Office, our experienced Portland premises liability lawyers are dedicated to helping injured parties recover the maximum compensation they deserve.

Medical Expenses

One of the primary components of a premises liability claim is compensation for medical bills. These can include:

• Emergency medical treatment
• Hospital stays
• Surgical procedures
• Prescription medications
• Ongoing medical care and rehabilitation, such as physical therapy

It's crucial to keep detailed records of all medical bills related to your injuries, as these will form the basis for calculating the compensation you are owed.

Lost Wages and Earning Capacity

If your injuries have caused you to miss work or rendered you unable to perform your job duties, you may be entitled to compensation for lost income. This includes not only the wages you've already lost due to time off work but also the potential future lost earning capacity if your injuries have resulted in a permanent disability that affects your ability to earn an income.

Pain and Suffering

Physical injuries often come with significant emotional distress, pain, and suffering. While it's challenging to quantify these intangible damages, an experienced Portland premises liability attorney from McCue Law Office will know how to calculate and pursue compensation for the emotional toll your injuries have taken.

Punitive Damages

In cases where the property owner's carelessness was particularly egregious or willful, punitive damages may be awarded. These damages are designed to punish the liable party and deter similar behavior in the future.

Wrongful Death Compensation

Tragically, some premises liability accidents result in fatalities. If you've lost a loved one due to a property owner's carelessness, you may be able to seek compensation for wrongful death, including funeral and burial expenses, loss of income and benefits, and loss of consortium.

Factors Affecting Compensation

The amount of compensation you may be entitled to in a Portland premises liability case will depend on several factors, including:

• The severity of your injuries
• The extent of your medical treatment and future care needs
• The impact on your ability to work and earn an income
• The degree of the property owner's carelessness
• The availability and limits of the property owner's insurance coverage

An experienced Maine personal injury lawyer from McCue Law Office will carefully evaluate all aspects of your case to determine the appropriate compensation to seek.

The Cost of Hiring a Lawyer

At McCue Law Office, we understand the financial strain that often accompanies a premises liability injury. That's why we work on a contingency fee basis, which means you won't owe any upfront legal fees. Our attorneys will only receive a percentage of the compensation we help you recover, ensuring that you can access skilled legal representation without added financial stress. In the event that we are unable to secure compensation for you, you will not owe us for our services.

If you or a loved one has suffered injuries on someone else's property in Portland due to a property owner's carelessness, it's crucial to seek legal counsel promptly. Contact McCue Law Office today to schedule a free consultation with one of our dedicated Portland premises liability attorneys. We'll fight tirelessly to ensure you receive the maximum compensation you deserve for your injuries, lost income, pain and suffering, and other damages.

Statute of Limitations on Premises Liability Cases in Maine

In the state of Maine, the statute of limitations for premises liability cases is generally six years from the date of the injury. However, it's crucial to consult with a knowledgeable Portland personal injury lawyer as soon as possible after your accident, as certain exceptions or shorter deadlines may apply in specific circumstances. Failing to file your personal injury claim within the applicable statute of limitations can result in the loss of your right to seek compensation.

The Role of a Premises Liability Lawyer in Your Portland Premises Liability Case

If you've been injured on someone else's property in Portland, Maine, due to a property owner's negligence, you may be entitled to seek compensation for your damages. However, navigating the complexities of premises liability cases can be daunting, especially when dealing with insurance companies motivated to minimize their payouts. This is where the experience of a skilled Portland premises liability lawyer from McCue Law Office can prove invaluable.

Understanding Premises Liability Law

Premises liability law in Maine imposes a legal duty on property owners to maintain safe premises for visitors. This duty may vary depending on the visitor's status – whether they are an invitee, licensee, or trespasser. A premises liability attorney from McCue Law Office can help you understand the specific legal obligations that applied to the property owner in your case and establish their failure to meet those obligations, resulting in your injuries.

Investigating the Incident

To build a strong premises liability case, your attorney will conduct a thorough investigation into the circumstances surrounding your accident. This may involve:

• Visiting the accident scene to document and preserve evidence
• Interviewing eyewitnesses and gathering their statements
• Obtaining surveillance footage or photographs of the hazardous condition
• Consulting with expert witnesses, such as safety inspectors or accident reconstruction specialists

Your lawyer will work diligently to gather the necessary evidence to prove the property owner's negligence and establish liability.

Dealing with Insurance Companies

Insurance companies often play a significant role in premises liability cases, as they represent the property owner's interests. These companies may employ tactics to minimize their financial exposure, such as denying liability, disputing the extent of your injuries, or offering a low settlement amount.

An experienced premises liability attorney from McCue Law Office will handle all communications and negotiations with the insurance company on your behalf. Your lawyer will advocate for your rights, counter lowball settlement offers, and fight for the maximum compensation you deserve for your medical bills, lost income, pain and suffering, and other damages.

Navigating the Legal Process

Premises liability lawsuits can involve complex legal procedures and strict deadlines. Your Portland Maine premises liability attorney will ensure that all necessary paperwork and filings are completed accurately and on time, protecting your right to seek compensation.

If settlement negotiations with the insurance company are unsuccessful, your attorney will be prepared to take your case to trial. They will present compelling evidence, cross-examine witnesses, and deliver persuasive arguments to a judge or jury, advocating tirelessly for a favorable outcome.

FAQs on Premises Liability Cases in Portland

What defines the duty of care owed by a property owner?

In Maine, property owners owe a specific "duty of care" to visitors on their premises. This duty varies depending on the visitor's classification. "Invitees," such as customers in a store, are owed the highest duty of care, requiring the property owner to identify and remedy potential hazards or warn visitors about them. "Licensees," like social guests, are owed a lower duty, but the property owner still cannot intentionally injure them or conceal known dangers. "Trespassers" generally have minimal rights.

How does "comparative negligence" affect my premises liability claim?

Maine operates under a "comparative negligence" system. This means if your actions partially contributed to your injury, it can reduce your recoverable compensation. For instance, if you trip and fall on a broken sidewalk due to the property owner's negligence, but you were also texting while walking, the court may determine you share some fault for the accident. This would proportionately decrease the amount of compensation you receive. A skilled attorney can help assess your comparative negligence and fight to maximize your recovery.

What legal arguments can establish the property owner's breach of duty?

To win your premises liability case, you must prove the property owner breached their duty of care. This can be achieved through various arguments. One common approach is demonstrating the property owner knew (or should have known) about the dangerous condition and failed to take reasonable steps to fix it or warn visitors. Another argument focuses on the foreseeability of the harm: could a reasonable person anticipate someone getting injured in that specific situation? An experienced lawyer can analyze the specifics of your case and develop the most effective legal strategy.

How does the "open and obvious" doctrine impact premises liability claims in Maine?

The "open and obvious" doctrine is a potential defense in premises liability cases in Maine. It suggests that if a hazard was open and obvious to a reasonable person, the property owner may not be liable for injuries caused by that hazard. However, there are exceptions to this doctrine, such as when the property owner should have anticipated that visitors may encounter the hazard due to a variety of reasons.

Can a property owner be held liable for criminal acts on their premises in Portland?

In certain circumstances, property owners in Portland may be held liable for criminal acts committed on their premises under the theory of inadequate security. This typically requires proving that the property owner knew or should have known about the risk of criminal activity and failed to implement reasonable security measures to protect visitors.

What is the "mode of operation" rule, and how does it apply to premises liability lawsuits in Portland?

The "mode of operation" rule is a legal principle that can impose liability on business owners in Portland for hazardous conditions that are inherent in the nature of their operations. For example, a grocery store may be liable for injuries caused by a spill in an aisle if such spills are a reasonably foreseeable consequence of their mode of operation.

Contact a Portland Maine Premises Liability Lawyer

If you've been injured due to a dangerous condition on someone else's property, enlist the help of a Portland Maine premises liability lawyer at McCue Law Office is crucial. Our attorneys understand the complexities of Maine premises liability law and can help you navigate the legal process to recover compensation for your injuries.

Contact a San Antonio premises liability lawyer at our law firm by calling (207) 421-9406 or filling out this online form. We offer free consultations to discuss your case and determine the best course of action