Benham v. Morton & Furbish Agency et al., 2007 ME 83, 929 A.2d 471

Robert A Laskoff

Case Conclusion Date:July 10, 2007

Practice Area:Personal Injury

Outcome:Vacated and remanded. The rental created a license to use the premises, whereby the owner of the cottage owed my client a duty of reasonable care.

Description:My client was injured while visiting a cottage rented by her sister. The trial court concluded that a landlord and tenant relationship existed as to the rented cottage, therefore the landlord had no duty to prevent my client's injury. I appealed, arguing that the short-term rental of the cottage created a license to use the premises.