Montana Premises Liability Law Firm

Montana Premises Liability Lawyer

Property Owners Have a Legal Duty to Keep You Safe

You visited a business or property and were injured because of dangerous conditions. Maybe the property wasn’t properly maintained. Maybe hazardous conditions weren’t fixed or warned about. Maybe security was inadequate, and you were assaulted. Now you’re dealing with injuries and wondering if you have legal rights.

You do. Under Montana premises liability law, property owners have a duty to maintain reasonably safe conditions for visitors. When they fail that duty, and you’re injured, they’re legally responsible.

At Western Justice Associates, we fight for premises liability victims throughout Montana. We understand the legal standards and how to prove property owners’ negligence.

What Is Premises Liability?

Premises liability is the legal responsibility property owners have to maintain safe conditions. This applies to:

Business properties: Stores, restaurants, office buildings, hotels.
Residential properties: Apartment complexes, condominiums, rental homes.
Public properties: Parks, sidewalks, government buildings.
Private properties: Private residences where the owner invites guests.

Property owners must reasonably maintain their property, fix known dangerous conditions, and warn visitors of hazards that can’t be immediately fixed.

Common Premises Liability Hazards

Slip and fall hazards: Wet floors, spills, ice, uneven surfaces.
Inadequate security: Broken locks, poor lighting, and a lack of security personnel, allowing assaults or theft.
Poorly maintained property: Deteriorating buildings, broken stairs, and missing handrails.
Negligent security leading to assault: Failure to provide adequate security, allowing criminal acts.
Inadequate lighting: Parking lots, entryways, or common areas are too dark for safe passage.
Swimming pool hazards: Improper maintenance, inadequate supervision, and missing safety equipment.
Elevator and escalator accidents: Poor maintenance is causing malfunctions
Toxic substances: Improperly stored chemicals or hazardous materials.
Inadequate warnings: Hazards without proper warning signs or barriers.

Who Can Be Held Liable?

Multiple parties can be responsible for premises liability injuries:

Property owners: Bear ultimate responsibility for maintaining safe conditions.
Property managers: Hired to maintain the property and ensure visitor safety.
Business operators: Responsible for their commercial space.
Contractors: If negligent maintenance caused the hazard.
Security companies: If inadequate security led to injury.
Landlords: Responsible for maintaining rental properties.

Compensation Available for Premises Liability Injuries

Premises liability cases result in compensation for:

Medical expenses: All treatment costs related to your injury.
Lost wages: Income missed while recovering.
Lost earning capacity: If the injury prevents return to work.
Pain and suffering: Compensation for physical pain and emotional distress.
Permanent impairment: If you retain lasting disability.
Loss of enjoyment of life: Activities you can no longer enjoy.
Emotional distress: Psychological harm from the incident.

Serious premises liability cases result in substantial settlements and verdicts.

Proving Property Owner Negligence

To win a premises liability case, we must prove:

Duty: The property owner had a duty to maintain safe conditions.
Breach: The owner failed to maintain safe conditions or warn of hazards.
Causation: The unsafe condition caused your injury.
Damages: You suffered actual harm.

Evidence that proves negligence:

Property inspection records showing the owner knew or should have known of the hazard
Witness testimony about the dangerous condition
Prior complaints about the same hazard
Security footage showing the hazardous condition
Expert testimony about safety standards and violations
Documentation of the owner’s failure to fix or warn about the hazard

Why Property Owners and Insurers Fight These Claims

Insurance companies defending property owners use tactics to deny claims:

“You should have noticed the hazard and avoided it.”
“You were careless and caused your own injury.”
“The condition wasn’t dangerous or wasn’t known to the owner.”
“You didn’t report the incident immediately.”

Experienced attorneys counter these arguments with evidence proving the property owner’s negligence.

Steps to Take After a Premises Liability Injury

Report the incident: Tell the property owner or manager immediately. Request a written incident report and request that the other party preserve any evidence.
Document everything: Take photos of the hazardous condition, the location, the lighting, and signage.
Get contact information: Ask for names and numbers of witnesses.
Seek medical attention: Get examined and document all treatment.
Preserve evidence: Keep the clothes you were wearing and take photos of any visible injuries.
Keep records: Save all medical bills and documentation of lost work time.
Don’t discuss on social media: Avoid posting about the incident or your injuries.
Contact an attorney: The sooner you get legal help, the better your case.

Montana's Statute of Limitations

Under Montana Code Annotated Section 27-2-204, you have three years to file a lawsuit. Other, shorter statutes of limitations may apply and you should contact an attorney immediately.