Last updated on March 27th, 2026 at 01:09 pm
Winter in Maine creates hazardous conditions for pedestrians. Icy sidewalks and parking lots are a common cause of serious slip and fall injuries — including broken hips, head injuries, and long-term mobility issues.
A common question Maine’s personal injury lawyers hear is: Who is legally responsible when someone slips and falls on ice in a parking lot?
The answer depends on who controlled the property and who created the dangerous condition.
A Real Maine Slip and Fall Case: What Happened?
This issue came into focus in a case involving Mainer Marilyn Davis, who slipped and fell in the parking lot of St. Mary’s Regional Medical Center (SMRMC), where she worked. The fall occurred during winter conditions and resulted in a fractured hip.
Before the incident, SMRMC had hired RC & Sons Paving to plow and sand the parking lot and sidewalks. At the time of the fall, the lot had been plowed — but no sand or ice treatment had yet been applied. Davis slipped on untreated ice while RC & Sons was still on site.
Why Workers’ Compensation Changed the Legal Path
Because Davis was injured at work, she received Workers’ Compensation benefits. Under Maine law, this generally prevents an employee from suing their employer for personal injury.
Instead, Davis filed a negligence lawsuit against RC & Sons, arguing that the plowing company’s failure to sand the lot caused her injuries.
The Key Legal Question: Who Owed a Duty of Care?
To succeed in a negligence claim, a plaintiff must show that the defendant owed them a duty of care — a legal obligation to act reasonably under the circumstances.
Under Maine law:
A possessor of land owes a duty of reasonable care to people lawfully on the premises.
However, the court ruled that RC & Sons did not own or possess the parking lot. Because of that, the company did not owe Davis a duty of care simply for failing to treat existing ice. As a result, RC & Sons was not held liable.
An Important Exception the Court Recognized
While RC & Sons was not responsible in this case, the court made an important clarification that matters in many other slip and fall claims.
👉 If a third party creates the hazardous condition, they can be held liable.
In this case, the ice was considered untreated, not created by RC & Sons. But if a contractor’s actions cause or worsen a dangerous condition — such as piling snow where it later refreezes — liability may still exist.
What This Means for Maine Slip and Fall Victims
This case highlights an important takeaway:
Even if you can’t sue a property owner or employer, you may still have a claim against a negligent third party — depending on the facts.
Slip and fall cases in Maine are highly fact-specific. Liability often depends on:
- Who controlled the property
- Who created or worsened the hazard
- Whether reasonable safety steps were taken
- Whether the injured person had other legal limitations (like Workers’ Comp)
Frequently Asked Questions About Icy Slip and Fall Accidents in Maine
Who is responsible for an icy parking lot in Maine?
Responsibility depends on who owns or controls the property and whether a third party created the hazardous condition. Property owners generally owe a duty of reasonable care, but contractors may only be liable if they caused or worsened the danger.
Can I sue if I slip and fall at work in Maine?
In most cases, no. If you are injured at work, Workers’ Compensation usually prevents you from suing your employer. However, you may still have a claim against a negligent third party, such as a contractor or maintenance company.
Is a snow plowing company always liable for slip and fall injuries?
No. Under Maine law, a plowing company is not automatically responsible unless it created the unsafe condition. Simply failing to treat existing ice may not be enough to establish liability.
What should I do after slipping on ice in a parking lot?
Seek medical care right away, document the scene if possible, report the incident, and speak with one of Maine’s personal injury lawyers to understand your legal options before speaking with insurance companies.
How long do I have to file a slip and fall claim in Maine?
Maine generally has a six-year statute of limitations for personal injury claims, but certain situations can shorten this timeline. It’s best to speak with an attorney as soon as possible.
How Maine’s Personal Injury Lawyers Can Help
If you or a loved one has been injured in a slip and fall accident on icy property, you may be entitled to compensation for medical bills, lost wages, and long-term effects of your injury.
The Maine personal injury lawyers at Hardy, Wolf & Downing help clients understand their rights and identify who may be legally responsible — even in complex winter injury cases. We offer free consultations and serve clients throughout Maine, including Portland, Lewiston, Auburn, Bangor, and surrounding communities.
📞 Call 1-800-INJURED to speak with an experienced Maine slip and fall attorney today.
