The neighbor to my north in Maine pointed me to this when I asked him if I needed to post my property. He mentioned Maine has a permissible trespass law that basically really limits your liabilty when it comes to people using your property without your approval. They want to encourage people to not post their property for the greater good of all being able to use these large tracts. We need more of these common sense laws in general.
Landowner Liability Explained: Rights and Responsibilities
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. Section159-A.
If someone uses your land or passes through your premises 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 the 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.
Useful definitions taken from the Liability Law
“Premises” means improved and unimproved lands, private ways, roads, any buildings or structures on those lands and waters standing on, flowing through or adjacent to those lands. “Premises” includes railroad property, railroad rights-of-way and utility corridors to which public access is permitted.
“Recreational or harvesting activities” means recreational activities conducted out-of-doors, including, but not limited to, hunting, fishing, trapping, camping, hiking, sight-seeing, bird-watching, operating snow-traveling and all-terrain vehicles, skiing, hang-gliding, noncommercial aviation activities, dogsledding, equine activities, boating, sailing, canoeing, rafting, biking, picnicking, swimming or activities involving the harvesting or gathering of forest, field and marine products. It includes entry of, volunteer maintenance and improvement of, use of and passage over premises in order to pursue these activities. “Recreational or harvesting activities” does not include commercial agricultural or timber harvesting.
“Occupant” includes, but is not limited to, an individual, corporation, partnership, association or other legal entity that constructs or maintains trails or other improvements for public recreational use.
Is the legal protection the same if I post my land “No Trespassing”?
Yes. As a practical matter, your legal protection is the same whether or not the land is posted.
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 must pay the landowner’s reasonable 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.