Having just been elected President to a dysfunctionally run Non-profit road association for 7 years, I just found out that the previous Board never obtained liability insurance. Now we are debating whether or not it is necessary at all in regards to the Maine Landowner Liability Law as long as our subdivision is marked as 'Private.'
Below is the edited version of it. Any comments on this would be greatly appreciated as we are trying to keep dues down.
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MAINE Landowner Liability Explained
This information applies to individuals, businesses, non-governmental organizations and other non-governmental entities that own, manage, or hold easements on land.
Question: If someone comes onto my land and gets hurt, am I liable?
No, except in rare circumstances. Maine has a strong law to protect landowners, known as the "landowner liability" law (or the "recreational use" statute), Title 14, M.R.S.A. Section 159-A.
If someone uses your land or passes through your land for outdoor recreation or harvesting, you assume no responsibility and incur no liability for injuries to that person or that person's property. You are protected whether or not you give permission to use your land.
If you allow volunteers to maintain or improve your land for recreation or harvesting, you are also protected from liability for injuries to them.
Is it still possible for me to get sued in spite of the landowner liability law?
Yes, but it is very unlikely for two reasons: (1) a person who brings suit and loses because of the landowner liability law must pay the landowner's legal fees and court costs, and (2) the law protects landowners so clearly that there is little opportunity for the injured person to win. In fact, there has not been a single reported successful case against a landowner where the Maine landowner liability law applied.
Are there situations in which the landowner liability law does not protect me from liability?
Yes, The landowner liability law does not provide protection if a person is injured because of the landowner's "malicious" failure to guard or warn against a dangerous condition. "Malicious" does not mean that you must have a conscious dislike for the person. Malicious intent may be inferred when the landowner has knowledge of a highly dangerous situation, usually man-made, that would have been simple to remedy or warn against and the landowner failed to do so, knowing that people would be likely to be hurt.
A Word of Practical Advice
Use common sense. Try to avoid creating or allowing clearly dangerous situations.
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The above text was downloaded from the Maine Dept. of Conservation, Dept. of Inland Fisheries & Wildlife website November 2005:
http://www.state.me.us/ifw/aboutus/landownerrelations/landownerliability.htm