premises liability claim (Maine) · Go Syfert
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premises liability claim in Maine

5 Maine opinions name it 2 courts 2015–2026 1 in the last five years

The cases below were cited by Maine courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
Thayer v. Jackson Brook Institute, Inc.green
me · 1991 · cited in 1 Maine opinions naming this issue, 2019–2019
1 sentence

2019It follows that Pellegrino's claim in the case at bar also cannot be found to have arisen out of the provision or failure to provide health care services. 3 Unlike Thayer v. Jackson Brook Institute, 584 A.2d 653, 654 (Me 1991), MaineHealth's alleged negligence in this case did not involve any treatment decision or failure to provide proper treatment.

11
Estate of Lois W. Smith v. Timothy Salvesengreen
me · 2016 · cited in 1 Maine opinions naming this issue, 2018–2018
2 sentences

2018See Estate ofSmith v. Salveseen, 2016 ME 100 , ,r 19, 143 A.3d 780 .

2018See Estate ofSmith v. Salveseen, 2016 ME 100 , ,r 19, 143 A.3d 780 .

11
Quadrino v. Bar Harbor Banking & Trust Co.green
me · 1991 · cited in 1 Maine opinions naming this issue, 2015–2015
2 sentences

2015EXISTENCE OF A DUTY OF CARE [¶45] To succeed in a premises liability claim, which is a particularized application of general negligence law, Brown must first establish the existence of a 26 duty in DTD “to use reasonable care to all persons lawfully on the premises.” Quadrino v. Bar Harbor Banking & Trust Co., 588 A.2d 303, 304 (Me. 1991) (quotation marks omitted).

2015EXISTENCE OF A- , DUTY OF-CARE [¶ 45] To succeed in a premises liability claim, which is a particularized application of general negligence law, Brown must first establish the existence of a duty in DTD “to use reasonable care to -all persons lawfully on the premises.” Quadrino v. Bar Harbor Banking & Trust Co., 588 A.2d 303, 304 (Me.1991) (quotation marks omitted).

11
Stanton v. University of Maine Systemgreen
me · 2001 · cited in 1 Maine opinions naming this issue, 2015–2015
2 sentences

2015To hold otherwise, as the Court suggests, would declare that an. owner of a premises is not liable for a premises liability claim. [¶ 37] To establish liability for DTDNHC, one need look only to the principal precedent cited by the Court, Stanton, 2001 ME 96 , 773 A.2d 1045 .

2015To hold otherwise, as the Court suggests, would declare that an. owner of a premises is not liable for a premises liability claim. [¶ 37] To establish liability for DTDNHC, one need look only to the principal precedent cited by the Court, Stanton, 2001 ME 96 , 773 A.2d 1045 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Maine. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Davis v. R C & Sons Paving, Inc. green
me · 2011
2 sentences

2026A. Duty to take reasonable steps to protect against the criminal conduct of a trespasser [¶11] To survive a defendant’s motion for summary judgment on a premises liability claim, a plaintiff “must establish a prima facie case for each of the four elements of negligence: duty, breach, causation, and damages.” Davis v. R C & Sons Paving, Inc., 2011 ME 88, ¶ 10 , 26 A.3d 787 (quotation marks omitted).

2026A. Duty to take reasonable steps to protect against the criminal conduct of a trespasser [¶11] To survive a defendant’s motion for summary judgment on a premises liability claim, a plaintiff “must establish a prima facie case for each of the four elements of negligence: duty, breach, causation, and damages.” Davis v. R C & Sons Paving, Inc., 2011 ME 88, ¶ 10 , 26 A.3d 787 (quotation marks omitted).

12026–2026
Lawson v. Willis green
me · 2019
1 sentence

2019Salerno v. Spectrum Medical Group P.A:, 2019.ME 139 ,r,r 2, 16, 204 A.3d 133 .

12019–2019
Durham v. HTH CORP. green
me · 2005
2 sentences

2019Durham v. HTH Corp., 2005 ME 53 , ~ 8, 870 A.2d 577 .

2019Durham v. HTH Corp., 2005 ME 53 , ~ 8, 870 A.2d 577 .

12019–2019
Champagne v. Mid-Maine Medical Center green
me · 1998
2 sentences

2019Ctr ., 1998 ME 87 , ! 9, 711 A.2d 842 . 1 Discussion Quirrion has brought a premises liability claim against Evergreen Hotel seeking damages for injuries Quirrion sustained as a result of a trip and fall down a set of stairs located upon the premises of Evergreen Hotel.

2019Ctr ., 1998 ME 87 , ! 9, 711 A.2d 842 . 1 Discussion Quirrion has brought a premises liability claim against Evergreen Hotel seeking damages for injuries Quirrion sustained as a result of a trip and fall down a set of stairs located upon the premises of Evergreen Hotel.

12019–2019

Where else courts name it

TX 428 (1993–2026) MI 171 (1993–2026) CA 73 (1992–2026) GA 65 (1995–2026) MS 37 (1996–2026) TN 37 (1992–2026) IL 34 (1989–2026) IN 24 (1982–2025) NY 17 (2003–2026) MO 14 (2004–2024) WA 13 (2007–2025) OH 12 (1999–2026) IA 10 (1999–2026) KY 8 (2000–2025) NJ 7 (2004–2026) FL 7 (1995–2022) NC 6 (2004–2016) OK 6 (1999–2014) ME 5 (2015–2026) AL 5 (1997–2016) CO 5 (2002–2016) RI 5 (2000–2021) MA 5 (1995–2018) ID 4 (2015–2020) NM 4 (1997–2023) LA 4 (2004–2023) NE 4 (2020–2024) MD 4 (2011–2023) VT 3 (2017–2024) MT 3 (2013–2026) KS 3 (1982–1994) UT 3 (2012–2025) DE 2 (2019–2025) AZ 2 (2014–2017) NV 2 (2025–2026) OR 2 (1998–2013) ND 2 (2018–2024)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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