Montana Premises Liability Lawyer

What does a Montana property owner owe to people on the property?

Generally, a duty to use reasonable care. That means keeping the property reasonably safe, fixing hazards the owner knows about or should have found through regular inspection, and warning visitors about dangers that are not obvious.

What counts as reasonable depends on the setting. A busy grocery store in Billings is expected to inspect aisles often. A remote rental cabin is expected to keep stairs, decks and railings in safe repair. Why you were on the property, and whether you were invited, can also affect what the owner owed you. A person who broke into a closed building is treated very differently from a paying customer.

Are Montana businesses responsible for falls on snow and ice?

Sometimes. Snow and ice are part of life in Montana, and owners are not expected to keep every surface perfectly clear during a storm. But they can be responsible when they let a hazard sit too long, create a dangerous condition, or ignore a known problem.

Common Montana snow and ice cases include:

• Ice formed by a leaking gutter or downspout that drips onto a walkway and refreezes each night.
• Parking lots plowed into ridges that leave customers walking over ice.
• Entryways with no mats, where melted snow turns tile floors slick.
• Stairs and ramps at lodges or apartment buildings that are never sanded or salted.

These cases often turn on timing. When did the snow stop? When did staff last check the area? Weather records, maintenance logs and receipts for ice melt can answer those questions.

Can I sue after an injury at a Montana ski area, lodge or guest ranch?

Possibly, but the rules differ by activity. Montana law places many inherent risks of skiing, such as changing snow, terrain and collisions, on the skier. Claims against a ski area usually need to show something beyond those ordinary risks, such as a poorly maintained lift or a hazard the operator created and failed to mark.

Other tourism properties follow general premises rules. Hotels, lodges, hot springs, rental cabins and guest ranches must keep their buildings and grounds reasonably safe. Examples include a broken deck railing, an unlit staircase, a slippery pool deck or a defective bunk. Waivers signed for horseback rides, rafting or other guided activities can limit some claims, but they do not always cover every type of carelessness. Montana also has laws that limit landowner liability when land is opened to the public free of charge for recreation, so whether you paid to be there can matter.

How does comparative fault work in a Montana slip and fall?

Your award is reduced by your percentage of fault, and you recover nothing if you are found more than 50% at fault. In fall cases, the owner almost always argues the hazard was obvious or that you were not watching where you stepped.

Here is an example. You slip on ice that formed under a leaking downspout at the entrance of a Bozeman restaurant, fracturing your wrist. Your damages total $60,000. The restaurant argues you should have seen the ice. If a jury finds you 25% at fault, you receive $45,000. If it finds you 50% at fault, you receive $30,000. At 51%, you receive nothing.

Photos taken right away often decide these percentages. A picture showing clear ice in shadow at dusk tells a very different story than an owner's description days later.

When is a property owner liable for an assault in Montana?

When the crime was reasonably foreseeable and the owner failed to take reasonable steps to prevent it. Negligent security claims arise at bars, hotels, apartment complexes and parking areas.

Foreseeability often comes from a history of similar incidents, warnings from police, or obvious problems such as broken locks and dark stairwells. A bar that keeps serving a visibly aggressive patron, or a motel that ignores repeated break-ins, may share responsibility for the harm that follows. The person who committed the crime is also responsible, and juries may divide fault among everyone involved.

What should I do after getting hurt on someone's property?

Report the injury, document the hazard and get medical care. Evidence on property changes quickly, especially when snow melts or a spill is mopped up.

1. Tell the manager or owner and ask that an incident report be written.
2. Photograph the hazard from several angles, including your footwear.
3. Get names of witnesses and employees who helped you.
4. Ask in writing that any surveillance video be saved.
5. Talk with our team before giving a statement to the property's insurer.

You generally have three years to file suit. If the property belonged to a city, county or state agency, special claim procedures may apply, so tell us right away. Learn more on our premises liability practice page, our page on government and public property injury claims, and our Montana injury law overview. Dog-related injuries on property are covered on our dog bites page.