Liability for Slip and Fall Accidents on Public Property

Many slips, trips, and falls occur in public areas owned by a municipality, county, or state. These may include public parks, sidewalks, streets, public parking lots, beaches, trails, and paths All of these outdoor public areas require a certain amount of upkeep, and governments don’t always do an adequate job to maintain them in safe condition for visitors. Unfortunately, Maine law restricts when you can sue the government for a slip and fall accident on public property.

There are some instances where maintaining certain outdoor public spaces belong to a private business, like a landscaping company, plow service, or private contractor.

The laws governing sidewalk upkeep will vary from town to town in Maine. The majority of towns will require property owners to keep up the sidewalks that border their buildings. Private property owners in many parts of Maine are required by law to maintain their neighboring sidewalks in a fairly safe condition. This includes patching up potholes, cracks, and uneven pavement. Additionally, it entails clearing walkways of debris and shoveling snow or ice.

According to court rulings, local and state governments are not liable for falls at public buildings unless governmental officials have actual or constructive knowledge of the hazardous condition or defect at the building.

Maine Court Rulings Regarding Public Property Slip and Fall Accidents

Over the last few years, there have been a few rulings to go through the Supreme Judicial Court in Maine that have ruled on government liability when a person sustains injuries on public property. Recently, many of these cases have come down to whether or not the location of the fall was in a public building or an integral part of the public building known as an “appurtenance.”

The first ruling comes from McDonald v. City of Portland: This case came from the appellee sustaining an injury outside police headquarters. The injured party sustained injuries after falling on a patch of ice outside the Portland Police Department headquarters. The area was a paved plaza that extended from the entrance of the building and is partially covered by the building’s roof. The court ultimately decided that the Police Department was liable and could be sued for the injuries because the hazardous plaza surface was affixed to the building and seen as more of an annex or extension of the building.

The second ruling comes from Klein v. University of Maine Systems: Here, the court granted immunity to the University as a governmental organization and said they could not be sued. The injury sustained happened when a student slipped and fell in a parking lot of the University. The court reasoned that because the parking lot was not an integral part of any building or structure it could not be considered an appurtenance, and, therefore, the public University could not be held liable.

Classification of Slip and Fall Victims

Property visitors fall into one of three basic legal classifications: invitees, licensees, and trespassers.

Property owners owe a different duty of care to each type of visitor. The highest duty of care is owed to invitees, and the lowest duty of care is owed to trespassers.

Invitees

An invitee is someone that is invited onto a premise and remains within the scope of their invitation. There are two types of invitees:

1. Public Invitee: someone who is on the premises as a member of the general public, where the premises are held open to members of the public, but only if they are there for the particular purpose for which the premises are held open to the public.
2. Business Invitee: someone who is on the premises with the landowner’s permission and for some business-related purpose connected with the business dealings of the landowner.

If the invitee strays to a part of the property that is not reasonably related to why they were invited, , then he is no longer an invitee but now a trespasser.

A property owner owes the duty of care to warn invitees of any danger and to make the premises safe. A property owner owes invitees an affirmative duty to inspect the property for dangerous conditions. The landowner must use reasonable care to search for and anticipate dangerous conditions, warn of them, and make them safe for invitees.

Licensees

Someone who is on the premises with the landowner’s permission but does not meet the precise definition of invitee is a licensee. A licensee is also sometimes called a social guest. A property owner owes licensees a duty of care below that of an invitee.

The duty of care owed to a licensee is to warn and make safe any dangerous conditions. Foreseeable dangerous conditions which are or should be known to the landowner and which the landowner knows or should know must be relayed to a licensee.

Additionally, the landowner must use reasonable care in conducting activities on the premises while a licensee is present. They must make the area safe and warn of any known dangers. If the property owner does not take reasonable care to do so, they will be held liable for any injuries to licensees.

Trespassers

A trespasser is anyone who is on the property without consent from the landowner. Even if the person did not intend to trespass onto the property, they will still be classified as a trespasser for purposes of determining the landowner’s duty and liability for their injuries.

The only way a property owner owes a duty to trespassers is if they are children or if the property owner had reason to know that the trespasser was on the premises. A landowner must refrain from causing any intentional or reckless injury to trespassers, but there is no duty to make the premises safe or to use any kind of care in activities not to endanger unknown adult trespassers.

There are exceptions when a landowner may owe a duty of care and that is if there is a dangerous condition that the landowner reasonably should know of that poses a serious risk of death or bodily harm or that they know trespassers to frequent a very specific area and that the area is likely to be discovered.

Example of Slip and Fall Liability in Maine News

A woman was hiking on a trail to the Prouts Neck Cliff Walk in Maine, according to a recent news article. She leaned on a fence during her hike and the fence broke, causing her to fall 30 feet to her death. The trail runs across private property but, for decades, has been accessible to the public. There are warnings posted that give notice about the dangers of the trail and to proceed at your own assumption of risk.

In general, all landowners in Maine owe guests a duty of reasonable care. If there is a clear threat, the landowner must eliminate it or post a warning. However, Maine, like many other states, has laws that limit a landowner’s legal liability when they allow public access to their land for outdoor recreation. In this situation, the trail area being used for the hike is maintained by the Prouts Neck Improvement Association and grants continuous public use and public rights to use the paths. The Association has posted notices on their website and at the site of the path about the conditions. Ultimately, cases like this may come down to whether the activity taking place on the property meets the definition of “recreational or harvesting activities” under Maine law.

For the best results, go to the best Maine slip and fall injury lawyers

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Berman & Simmons is widely recognized as the best personal injury lawyers in Maine and among the best in the U.S., having won many of the largest jury verdicts and settlements ever obtained for injured people in Maine.

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Our attorneys and staff members will take the time to listen to you, work to understand your concerns, and come up with solutions that can make your life better, including obtaining payment for or deferral of your debts until your case is resolved. We help you recover and make sure you receive full compensation for your injuries and loss.

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It never hurts to consult an attorney regardless of whether you decide to move forward.

• Many states have strict deadlines for filing personal injury claims.
• The other insurance company is likely already building their client’s case against you.
• Witnesses may become unavailable and evidence may be lost or degraded with time.
• You’ll need help navigating your medical care and dealing with financial pressures.
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