Premises Liability Attorney in Maine with Over 25,000 Victories
For more than 50 years, the Law Offices of Joe Bornstein has stood up for injured Mainers seeking physical, financial, and legal recovery after a premises liability accident caused by a negligent property owner.
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Serving all 16 counties in Maine
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Injured on Someone Else’s Property in Maine?
Our Maine premises liability lawyers represent injured clients across all 16 counties, with seven offices statewide and around-the-clock availability. Property owners who fail to maintain safe conditions must be held accountable. The Law Offices of Joe Bornstein know how to make that happen.
With Joe Bornstein Law, Pursuing a Premises Liability Claim in Maine Is as Easy as 1-2-3
A broken hip from a wet grocery store floor. A traumatic brain injury from a stairwell with no working light. A shattered knee from black ice on an apartment walkway that was never treated. These injuries upend lives, and the property owner’s insurance company will start working against you the same day. Since 1974, our premises liability attorneys in Maine have sat across the table from those insurers and helped clients recover what state law requires. This is what we do for you!
Confidential Free Case Review
A single phone call is all it takes to start. A premises liability attorney from our firm in Maine listens to every detail. We pinpoint who held legal control over that property and tell you honestly whether your claim has legs. No cost. No obligation. No pressure.
Injury Claim Evaluation
Property owners owe different levels of duty. Modified comparative fault rules allow insurers to argue that you share the blame. Government-owned property triggers the Maine Tort Claims Act. We tell you exactly what your case involves.
Comprehensive Legal Representation
The moment you retain our firm, the insurance company talks to us, not you. We build the evidentiary record, meet every court deadline, respond to defense motions, and manage the paperwork that accumulates in any serious injury case. Your job is to get better.
How Joe Bornstein’s Office Can Help with Your Premises Liability Claim in Maine
Filing the claim is the easy part. What determines whether you get full compensation or a lowball check is everything that happens between the moment we take your case and the day the settlement is paid. Here is where Joe Bornstein Law’s five decades of Maine personal injury experience make a real difference.
Locking Down the Evidence
Our investigators reach the scene before any evidence disappears. We photograph and preserve the exact condition that caused your injury, subpoena inspection records and work orders, pull incident report histories, and establish a documented timeline of how long the property owner knew about the hazard and chose to do nothing about it.
Tracing Every Dollar of Available Coverage
Commercial property owners carry general liability policies, umbrella policies, and excess coverage layers that only surface under pressure. When the negligent party is a property management company rather than the owner, both entities may carry independent policies. We map the entire coverage structure before making a single demand, so nothing is left on the table.
Protecting What You Actually Take Home
We negotiate liens and subrogations aggressively and apply Maine’s Made Whole Doctrine, which generally bars your insurer from recovering anything until you have been fully compensated for every category of loss, including pain and suffering.
Building the Full Picture of Your Long-Term Losses
Insurance companies value premises liability claims on the cheapest possible interpretation of your injury. We counter that with a team of specialists who document what your life actually looks like going forward. That evidence is what separates a fair result from a settlement that leaves you short five years from now.
Preparing for Trial from Day One
Insurance carriers settle serious cases when they believe the alternative is a jury verdict that costs them more. That belief only forms when they are sitting across from attorneys with a proven track record of fighting and winning on behalf of injured Mainers. Every premises liability matter our firm accepts is built for the Maine District or Superior Court from the first document we gather.
The Law Offices of Joe Bornstein Brings Legal Support to You, Anywhere in Maine
Premises liability accidents happen everywhere, from parking lots in Portland to apartment complexes in Bangor to government buildings in Augusta. Our Maine premises liability lawyers understand the procedural requirements of every county courthouse in Maine. If you are recovering at home or in a rehabilitation facility and cannot travel, we come to you.
From the York County coast to Aroostook County’s border communities, experienced premises liability representation is one call away. One conversation connects you with a premises liability lawyer in Maine who understands property law, local court systems, and the seasonal hazards that most often cause serious injuries.
Maine’s Most Trusted Premises Liability Lawyers
Proven results and peer-recognized credentials set Joe Bornstein’s office apart. Since 1974, our firm has delivered aggressive advocacy and deep local knowledge to premises liability victims throughout Maine.
Recognition of Excellence
Our personal injury lawyers in Maine hold some of the highest peer-reviewed credentials in the legal profession:
- AV Preeminent Rating from Martindale-Hubbell
- Best Lawyers in America – Personal Injury
- Super Lawyers – Maine Personal Injury
- National Trial Lawyers – Top 100
Fierce Advocacy
Insurance companies representing negligent property owners move fast to minimize your claim. Our firm moves faster. We send a clear message from day one that you mean business and have legal representation prepared to fight for every dollar of compensation you are owed.
Local Legal Experience
Every attorney and case manager at Joe Bornstein Law lives and works in Maine. We handle Maine premises liability law daily, from the duty-of-care standards under Maine common law to the notice requirements of the Maine Tort Claims Act when a government entity owns the property. We understand how Maine’s modified comparative fault rules affect your recovery and how to counter defense arguments about open-and-obvious hazards.
No Fee Unless You Win
We take every premises liability case in Maine on a contingency basis. There are no upfront legal fees. You pay only if we recover a settlement or verdict for you.
24/7 Responsiveness
From your first call to the final distribution of your settlement, we keep you informed at every stage. You will always know where your case stands because your premises liability lawyer in Maine will always communicate with you clearly and transparently.
Joe Bornstein’s Office Fights for Your Right to Compensation after a Premises Liability Injury in Maine
A premises liability attorney in Maine can identify all available paths to compensation, depending on who owns the property and what type of insurance coverage applies.
- Claims against private property owners: Most premises liability claims in Maine are filed against the commercial general liability or homeowner’s policy of the responsible property owner or occupier. These policies cover medical bills, lost wages, and pain and suffering up to the policy limits.
- Claims against businesses: Retailers, restaurants, landlords, and other commercial property owners typically carry larger liability policies. If a business created or ignored a dangerous condition, we pursue the full available commercial coverage.
- Claims against municipalities and government entities: If the dangerous property belongs to a city, town, school district, or state agency, the Maine Tort Claims Act governs your claim. Special deadlines and notice requirements apply, and the compensation limit has been updated to $1,250,000 per occurrence as of 2026 under LD 1347.
$750 Million+ Recovered for Maine Families
Our settlements and verdicts reflect decades of representation against national insurers, commercial property owners, and municipal defendants across Maine.
- $1,000,000 settlement for a client from Old Orchard Beach who lost her leg after tripping on a hazardous walkway outside her apartment.
- $4,500,000 – Car accident case in Swanville
- $3,240,000 – Car accident claim in East Waterboro
These are not isolated wins, but represent our long-standing commitment to pursuing full and fair compensation for all types of personal injury claims in Maine.
What Types of Damages Are Available in Maine Premises Liability Cases?
- Economic damages: These include all documented financial losses, such as emergency room treatment, surgery, physical therapy, prescription costs, lost wages during recovery, and any future medical care required as a result of the injury. There is no cap on economic damages in Maine premises liability cases.
- Non-economic damages: These compensate for physical pain and suffering, emotional distress, disfigurement, and permanent loss of enjoyment of life. In practice, recovery is limited by the available insurance coverage or the property owner’s personal assets.
- Wrongful death damages: If a premises liability accident results in death, Maine law under 18-C M.R.S. § 2-807 permits the deceased’s heirs to seek compensation. For deaths occurring after 2023, recovery for loss of comfort, society, and companionship is capped at $1,000,000, subject to mandatory annual inflation adjustments based on the Consumer Price Index, while economic damages and funeral costs remain uncapped.
- Punitive damages: Rarely available in premises liability cases, these require clear and convincing evidence that the property owner acted with express or implied malice. They are subject to a $500,000 cap in wrongful death claims involving deaths after October 2023.
Client Testimonials
How Much Is Your Premises Liability Claim Worth in Maine?
No single formula determines the value of a premises liability case. Your claim’s value reflects measurable losses such as medical bills, diagnostic tests, and missed work, as well as subjective impacts such as chronic pain, limited mobility, and the lasting effects on your daily life. A free case review with a Maine premises liability lawyer at our firm is the fastest way to understand what your claim may be worth.
Premises Liability Cases We Represent Across Maine
Property hazards exist everywhere, from icy walkways outside coastal Maine businesses to poorly lit stairwells in Bangor apartment buildings. Our attorneys apply a detailed understanding of Maine’s property owner duty-of-care standards to every case, making sure the full circumstances of each accident are thoroughly documented.
Slip and Fall Accidents
Wet floors, uneven pavement, unmarked floor transitions, and freshly waxed surfaces are among the most common causes of serious slip-and-fall injuries in Maine. These accidents regularly produce broken hips, wrist fractures, traumatic brain injuries, and spinal injuries that require extended medical care.
Snow and Ice Injuries
Maine’s winters create a predictable and preventable hazard for property owners. Businesses, landlords, and municipalities have a duty to clear snow and treat ice on walkways, parking lots, and entryways within a reasonable time. When they fail, and someone suffers a serious fall, that negligence is actionable under Maine law.
Inadequate Lighting Injuries
Poorly lit stairwells, parking garages, hallways, and building entrances create conditions where dangerous obstacles go unseen. Property owners who fail to maintain adequate lighting in public areas of their buildings are liable for resulting injuries under Maine premises liability law.
Stairway and Handrail Defects
A loose handrail, a broken stair tread, or an unmarked step height change can send someone to the emergency room. Maine building codes set minimum standards for stairway construction and maintenance. When a property owner lets those conditions deteriorate, our attorneys build the evidence to hold them responsible.
Injuries in Public Buildings and Government Property
Maine state and local governments maintain libraries, courthouses, schools, town halls, and other public facilities visited by thousands of residents each year. Officials who run these entities are obligated to keep them safe. When a hazardous condition in a public building causes injury, a claim against the government entity may be possible. These claims are subject to strict procedural requirements under the Maine Tort Claims Act and must be handled by an experienced Maine premises liability lawyer from the very beginning.
Retail Store and Commercial Property Accidents
Grocery stores, shopping centers, restaurants, and hotels invite the public onto their property every day. Merchandise left in aisles, spills not cleaned promptly, damaged flooring, and defective display fixtures are all conditions that create liability when a customer or visitor is injured.
Apartment and Residential Property Injuries
Maine landlords are required by statute and common law to maintain rental properties in a safe condition. Defective stairs, broken exterior lighting, deteriorating walkways, and unaddressed structural hazards can all form the basis of a premises liability claim against a residential property owner or management company.
Falling Object Injuries
Overhead shelving, roof ice dams, unsecured ceiling fixtures, and construction site debris can fall without warning, causing traumatic injuries. Property owners and contractors responsible for these conditions face liability when their failure to secure hazards overhead results in harm to others.
The Maine premises liability attorneys at Joe Bornstein are ready to review the details of your accident and identify a clear path toward recovery.
Maine Laws That Affect Your Premises Liability Claim
Maine has specific legal deadlines and rules that can make or break a premises liability case. Understanding these statutes before you act is critical to protecting your right to compensation.
The Six-Year Statute of Limitations for Private Property Claims
Maine gives premises liability victims six years from the date of injury to file a lawsuit against a private property owner. While that is a generous window compared to many other states, waiting creates serious risks. Physical evidence disappears, surveillance footage gets overwritten, and witnesses lose the ability to recall specific details. Acting quickly protects your case.
The 365-Day Notice Requirement for Government Property Claims
Falls or injuries on property owned by a Maine city, town, school district, or state agency are governed by the Maine Tort Claims Act. Under that law, you must file a formal Notice of Claim with the appropriate government entity within 365 days of your injury, or your right to sue may be lost entirely. A separate two-year statute of limitations then applies to the actual lawsuit. There are limited exceptions, including situations in which the claimant was a minor at the time of injury or in which a government representative made direct contact suggesting coverage. These exceptions are narrow and must be evaluated carefully by a skilled premises liability attorney in Maine.
Wrongful Death Deadlines in Premises Liability Cases
When a premises liability accident results in a fatality, the estate has three years from the date of death to file a wrongful death lawsuit. Given the complexity of these cases, the applicable caps on damages, and the involvement of multiple parties, immediate legal action is essential to protect the family’s interests.
Maine’s Modified Comparative Fault Rule
Property owners and their insurers frequently argue that an injury victim was partially responsible for their own accident. Under Maine’s modified comparative fault rule, you can still recover compensation as long as your share of fault is less than 50 percent. If a jury finds you 30 percent at fault, your total recovery is reduced by 30 percent. At 50 percent or more, Maine law bars any recovery from the other party. Your premises liability lawyer in Maine anticipates these defense arguments and builds your case to minimize any comparative fault finding.
Updated Maine Tort Claims Act Limits
For injuries on government-owned property, such as a public school, a state park, a municipal sidewalk, or a government office building, the recoverable compensation limit was historically capped at $400,000. Under LD 1347, as of 2026, that limit has increased to $1,250,000 per occurrence. This change allows our firm to seek significantly greater compensation for those injured by state or municipal negligence. The 365-day notice deadline, however, remains unchanged.
Call Joe Bornestein’s Office Today to Start Your Premises Liability Claim in Maine
Property owners in Maine have a legal duty to keep their premises safe. When they fail, and you or someone you love suffers the consequences, the Law Offices of Joe Bornstein are ready to act. Our personal injury attorneys have spent more than 50 years fighting for Maine injury victims, and we treat every client as a neighbor and a person, not a case number. Put our experience, resources, and record of results to work for your family by scheduling a free, confidential case evaluation today.
Start Your Claim Now!
Rated 5 Stars by Our Clients
With decades of experience handling personal injury claims, The Law Offices of Joe Bornstein has the skill and dedication to pursue the best possible outcome for you.
Frequently Asked Questions
Our Maine premises liability attorneys have helped thousands of Mainers work through insurance claims, government notices, and property liability statutes. Below are the most common questions we hear during initial case reviews.
Does my own carelessness reduce my premises liability settlement in Maine?
It can, but it does not necessarily eliminate your claim. Maine follows a modified comparative fault rule. If you are found to share some responsibility for the accident, your total compensation is reduced by your percentage of fault. Only if your fault reaches 50 percent or more does Maine law bar your recovery entirely. Insurance adjusters will routinely argue that you were careless. Our premises liability attorneys anticipate those arguments and document the evidence that places primary responsibility where it belongs.
What is the “Made Whole Doctrine,” and how does it affect a Maine premises liability case?
Maine recognizes the Made Whole rule, which generally prevents your health insurer from recovering the medical bills it covered out of your settlement until you have been fully compensated for all your losses, including pain and suffering. This doctrine can significantly increase the net amount you actually receive after a settlement is reached.
Can I file a premises liability claim in Maine if the property owner claims the hazard was “obvious”?
Yes. The open-and-obvious hazard defense is one of the most common arguments insurance companies raise in Maine premises liability cases. The argument is not automatic. Maine courts recognize that even an obvious hazard can create liability if the property owner had reason to expect that visitors would encounter it anyway or would be distracted. Our Maine premises liability lawyers have extensive experience countering this defense with evidence of the specific conditions at the time of your accident.
Can I pursue a premises liability claim in Maine if I was a trespasser on the property?
Maine law extends the lowest level of protection to trespassers. Property owners generally have no duty to make their property safe for those who enter without permission. However, Maine law still prohibits property owners from willfully or wantonly injuring a trespasser. Child trespassers may also be protected under Maine’s attractive nuisance doctrine if a dangerous condition on the property was likely to draw children and the owner failed to take reasonable precautions. Each situation is evaluated on its own facts.
How long does a premises liability case take to settle in Maine?
The timeline varies based on the severity of your injury, the number of parties involved, and whether the case needs to go to court. Straightforward cases involving a clear liability picture and a single insurer can sometimes be resolved in several months. Cases involving catastrophic injuries, disputed fault, government entities, or multiple defendants often take one to two years or longer. Your Maine premises liability lawyer will resolve your case at full value as efficiently as possible.
What compensation is available if I were injured on Maine government property?
As of 2026, the Maine Tort Claims Act limits the total recovery against a government entity to $1,250,000 per occurrence, up from the $400,000 cap. This higher limit applies to injuries occurring on property owned or maintained by the state, a county, a municipality, a school district, or another public entity. Within that limit, you may recover economic damages such as medical bills and lost wages, as well as non-economic damages for pain and suffering. The 365-day notice requirement must still be satisfied before any lawsuit can proceed.
Do you have other questions about your accident?
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Call, Text, or Email Joe Bornstein’s Office for a Free Case Evaluation Today!
Few firms in Maine have the depth of experience that comes from representing injured clients consistently for over half a century. Law Offices of Joe Bornstein combine experience, recognized professional excellence, and responsive client care to guide you every step of the way.
Call today to speak with a Maine personal injury lawyer near you. Your case evaluation is free, confidential, and available 24/7.
Hurt in a car, truck, or motorcycle accident, slip and fall, dog attack, or other serious incident?
We represent clients across all 16 Maine counties with offices statewide and 24/7 availability.
Award-Winning Attorneys
You can feel confident your case is in experienced hands.
The Law Offices of Joe Bornstein has earned the highest awards and recognitions.
