What is Premises Liability?

Is the Owner Liable if I Fall on His Property? We often get asked, “If I fall down on someone else’s property, does the owner have to pay for my injury?” The answer depends on how the accident happened and just what the owner knew or should have known about the condition which caused the fall. A case recently decided in Penobscot Superior Court demonstrates how complex these cases can be. A woman brought suit against the owner of a farm for injuries which she sustained when she fell through an open bulkhead on a porch when she was there for her daughter’s horseback lesson. The defendant submitted a motion to the court to dismiss the case, because 1) premises liability should not apply because the defendant had no actual or constructive notice of the danger, and 2) lack of vicarious liability because the person whose negligence was alleged was an independent contractor and not an employee of the defendant. The court denied the motion to dismiss on either ground. The question of whether the defendant fulfilled her duty as owner who had control of the farm at the time of the accident is a question for the jury. Vicarious liability which applies when liability can be imposed on one person for the negligence of another is similar to an agency situation and is applicable when the tortfeasor is an employee, but not if he is a general contractor. In this case the court decided that the status of the person who negligently left the bulkhead door open was not clear and therefore the question should be decided by a jury. Demoranville v. Rose, Penobscot Docket No. CV-10-178 Call Lowry & Associates for answers to your questions (800-999-5342) or order ir free book to find out how a claim for personal injury is made. http://www.lowrylaw.com/reports/the-big-secrets-about-maine-injury-claims-what-no-one-is-telling-you.cfm