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INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Benham v. Morton & Furbish Agency, 929 A.2d 471 (2007)

Citation
Benham v. Morton & Furbish Agency, 929 A.2d 471 (2007)
Parent Document
Benham v. Morton & Furbish Agency, 929 A.2d 471 (2007)
Jurisdiction
Maine (state)
Effective Date
2007-07-10

Other Sections in This Document (29)

Full Text

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[¶ 15] If the rental created a lease to the premises, no duty was owed to prevent Benham’s injuries. “[A] landlord is not liable for injuries caused by defective conditions in areas that are within the exclusive possession and control of a lessee.” Rodrigue v. Rodrigue, 1997 ME 99, ¶ 9, 694 A.2d 924, 926. “[T]he tenant, under the principle of caveat emptor, takes the property for better or worse.” Cole v. Lord, 160 Me. 223, 226, 202 A.2d 560, 562 (1964) (citations omitted). If, however, the agreement to rent the cottage created only a license to use the premises, then there was a duty of reasonable care by the defendants to prevent injuries to business invitees, including guests. See Pelletier v. Fort Kent Golf Club, 662 A.2d 220, 221-22 (Me.1995).