Experienced Maine Slip-And-Fall Attorneys Backed By 50 Years In Practice
A slip and fall can cause serious injuries, medical expenses and time away from work. At McTeague Higbee, we draw on 50 years of experience helping injured people throughout Maine.
What Are The Common Causes Of Slip-And-Fall Accidents?
Property owners and businesses should take reasonable steps to keep their premises safe. When they fail to address a dangerous condition or warn visitors about it, they may be responsible for the injuries that result.
Common causes of slip-and-fall accidents include:
- Winter weather hazards: Snow, ice and freezing rain can make sidewalks, parking lots, steps and entrances unsafe. Property owners may need to inspect these areas, remove buildup and use salt or sand when conditions require it.
- Tracked-in moisture: Rain, snow and slush often collect near the entrances of stores, restaurants and office buildings. Businesses may create a hazard when they fail to use mats, clean wet floors or place warning signs.
- Property maintenance failures: Broken handrails, loose flooring, damaged stairs, uneven pavement, potholes and poor lighting can lead to preventable falls. Maintenance records and photographs may help show how long the problem existed.
- Indoor retail hazards: Spilled liquids, fallen products, cluttered aisles and recently cleaned floors can put customers at risk. Surveillance video, inspection logs and witness statements may help establish what happened.
A fall does not automatically create a valid claim. We must often show that the property owner knew or should have known about the hazard and failed to respond within a reasonable time. Acting quickly may also help us preserve video footage and other evidence before it disappears.
How Maine Law Handles Slip And Falls
Maine premises liability law considers the conduct of both the property owner and the injured person.
- Comparative fault: Maine follows a modified comparative fault rule. You may still recover damages if you share some responsibility for the accident, but the court may reduce your recovery. You cannot recover if a jury finds you equally at fault. An insurance company may claim that you ignored a warning, wore unsuitable footwear or failed to watch where you were walking. We examine the full circumstances, including lighting, weather conditions, available walking routes and the steps the owner took to address the danger.
- Filing deadlines: Maine generally gives injured people six years to file a civil action, although exceptions can apply. Claims involving a government entity may have shorter deadlines and special notice rules.
- Snow and ice hazards: Maine property owners are not automatically responsible whenever someone falls on snow or ice. Liability may depend on who controlled the area, how long the hazard existed and what efforts were made to inspect or treat it.
- Open and obvious hazards: A property owner may argue that the danger was easy to see and avoid. However, that argument does not always defeat a claim. We may consider distractions, visibility and whether you had a reasonable way to avoid the condition.
Compensation may cover medical expenses, lost income, reduced earning ability, pain and other accident-related losses.
Talk To Us About Your Slip-And-Fall Case
From our office in Topsham, Sagadahoc County, our attorneys represent injured people throughout Maine. Schedule a free consultation with a Maine slip-and-fall lawyer by calling 207-910-7047 or sending an email today.